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Variation to CSA

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sniffy
Posted by
Junior Member

09 May 13 #392666 by sniffy

Topic started by sniffy

I need advice. My husband (separated 2 years) has applied for a variation order to reduce the amount he pays through the CSA. This is based on the mortgage and house insurance payments he makes since he left the marriage. He volunteered to pay these until the house is sold and equity split. This has not happened as he demands 40% equity which does not leave me enough to rehouse the three children, even though I have found work having been at home 11 years with the children and found a max mortgage of £120k. Even if he took 20% I would only be able to house us in a small 3 bed with teh chldren sharing.

Can he get a reduction based on these payments? Would a court view my case more favourably if I paid teh mortgage/house insurance from now on, or at least half of it?

Any held greatly appreciated.

Thanks.

MrsMathsisfun
Platinum Member

11 May 13 #392835 by MrsMathsisfun

Reply from MrsMathsisfun

Sorry you haven''t had a reply.

Is the amount your stbx is paying more than the csa rate?

Can you afford to pay the mortgage on current property?

How old are children?

How much do you and your stbx earn?

hadenoughnow
Moderator

11 May 13 #392855 by hadenoughnow

Reply from hadenoughnow

With three children, the csa rate would be 25% of his income less a reduction for overnights spent with him. Is he paying more than this?

Have divorce proceedings been started?

Selling the house now may not be the appropriate course of action. There are other options available,including delaying sale until youngest is 18. Depending on the circumstances you may be able to claim a greater share of the equity.

To advise you we need to know
Ages, length of marriage inc cohabitation, incomes inc benefits, children - ages, genders and arrangements for them, value of FMH, outstanding mortgage, pensions, savings or other assets, debts in sole or Joint names.

Hadenoughnow

sniffy
Posted by
Junior Member

11 May 13 #392920 by sniffy

Reply from sniffy

Children are 8,10 and 13 (boy, girl, boy)
Marriage 15 years.
His income £60k
My income £680 + child benefit £180 + work and child tax credits £800 (all monthly)
I am sole carer, fitting my work around them and paying for lots of childcare as husband plays no part in care and see children once a month at most (his choice).
marital home valued at £400k with £270k mortgage.
His pension transfer value £35k, mine £5k as gave up work 12 years ago to look afterchildren at home - previously had £40k income with pension and benefits and bonus.
No savings.
Debts in his sole name approx £10k at time of separation (2 years ago). No idea what his debt level is now but its increasing.
We negotiated for 6 months through solicitors, after a year of mediation. In that time he provided no facts or figures, gave no reasoning but consistently demanded 40% equity from house sale. This would not leave me enough to rehouse kids even with max mortgage of £120 possible as I have foudn work after 12 year break. I can afford to give him 20% and just about have enough to rehouse in a small 3 bed with kids sharing but he won''t agree so I can''t agree to house sale, therefore stalemate. Can''t afford court so unless he initiates we are at a standstill.

Any advice very much appreciated.

Thank you.

fish77
Junior Member

12 May 13 #392949 by fish77

Reply from fish77

Ruffly whare do u live and cant u move to a cheeper place i no its hard and i think u can clame morgege relefe as well but not to shore my x could fors house not to be sold untill kids are 18 but better to get clear of him good luck

hadenoughnow
Moderator

12 May 13 #393057 by hadenoughnow

Reply from hadenoughnow

The key here is going to be the cost of rehousing you and the children.

You should be getting some £850 pm in CM on top of your existing income so your income would be circa £2500 .. fairly close to his after he has paid CM. What is he currently paying??

What is the cost of a 3-4 bed place near your children''s schools? If it would take all of the equity plus the maximum mortgage you can obtain to achieve this, then it may be that a Mesher Order - where he gets his share further down the line - is the answer here. He may have to rent in the mean time.

Hadenoughnow

Child Maintenance Options
Moderator

16 May 13 #393622 by Child Maintenance Options

Reply from Child Maintenance Options

Hi Sniffy

Thank you for your post. I am William, the child maintenance Options consultant. Unfortunately, we are unable to answer Child Support Agency (CSA) case-specific enquiries. However, I am able to provide you with some general information. In some circumstances, the CSA can take account of mortgage payments made by the paying parent in respect to the home that is lived in by the receiving parent and the children that child maintenance is paid for. The paying parent must not have a legal interest in this property. You can find more information by viewing the CSA''s documents on how they work out child maintenance at www.direct.gov.uk/prod_consum_dg/groups/...lasset/dg_198849.pdf. You may also wish to gain further clarification by contacting the CSA directly. Their contact details can be found on their site at www.gov.uk/child-maintenance, or on any letters that you have received from the CSA.

With regards to finding out if the courts would view your case more favourably if you paid your mortgage, you may wish to seek legal advice regarding this matter. Civil Legal Advice is a Government-funded confidential legal service offering free advice to those eligible for Legal Aid in England and Wales. There contact details can be found on the Government site www.gov.uk/civil-legal-advice.

You may wish to get in touch with the Citizens Advice Bureau as they can provide information on topics such as legal, housing and debt. To find your local office and for more information about their organisation, you may wish to visit their website at www.adviceguide.org.uk.

For more information about child maintenance and family-based arrangements in particular, please view our website at www.cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday. We also have a Sorting Out Separation web-app that you may find useful. It offers help and support to separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html.

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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