Hi Everybody, does anybody know how child support payments are calculated, I am currently in receipt of maintenance from my childrens Dad, but he is claiming the amount paid is also a contribution towards the mortgage on which he is defaulting payment. Also we are not married can he force the sale of the home even though our children live here with me? A little advise would be much appreciated! x
Hello Rebecca Roberts
I am thinking that you are not asking about the amount of child support but what that money is supposed to cover? Strictly speaking the parent without day to day care provides a certain percentage of their income to suppport the household in which the children live, and that includes money towards rent/mortgage.
However, if the mortgage loan is in joint names then you are "jointly and severally liable" which means that the lender can pursue both of you or either of you for the full amount. This means that if the mortgage is not paid and it is in joint names then the lender can ask YOU for the full amount of the payments if they wish, or they can ask HIM for the full amount.
If the property is in joint names then your children's dad cannot sell it without your signature whether you are married or not and if he wanted to force the sale then he could take you to court to do so.....however if the mortgage is not paid by anyone then the lender has the right to "foreclose" on the mortgage and to sell the house without the consent of either of you
I think you need some legal advice as to the way forward. If you cannot service the mortgage on your income then it might be better to move to accommodation you can afford. Find a solicitor here (click)
If you also want to have a look at how the amount of child support is arrived at, see this online calculator (click)