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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27782
Experience:  25 years experience of all aspects of family law
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My partner has never paid child maitenance since he was born,

Customer Question

My partner has never paid child maitenance since he was born, can I backdate a claim for payments as he is now 6 years old. Also if he does not work but has assets can he be forced to sell these to pay the maintenace
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question, I shall do my best to assist you.
I am afraid that the CSA assessment cannot be back dated to a date prior to the application being made so no there is no question of it being back dated.
In terms of his assets what is the extent of them and what income does he live off?
Claire
Customer: replied 1 year ago.

he does not work as far as I know but he has a 25% share of the house I live in and pay for. he has not lived in it for 6 years and never paid towards it, He is now demanding I sell it for his share which would equate to about 7or8k but it is where me and his son lives and I want to buy him out but cant afford to, so can I force him to hand it to me if he does not pay CSA? or id there any way I can get him to sign it over to me

Expert:  Clare replied 1 year ago.
Hi
How much is the house actually worth and how much is outstanding on the mortgage?
Claire
Customer: replied 1 year ago.

worth 190,000 mortgage outstanding 153,000

Expert:  Clare replied 1 year ago.
HI
Then if your ex is foolish enough to try and force an immediate sale of the property you could make your own application to the Court under Schedule 1 of the Children Act for the right to remain in the property until the child is 18 - and this will be successful.
Alternatively if you can raise a smaller sum it may be worth using Family Mediation (www.familymediationhelpline.co.uk) to see if he will accept a lower share.
Sadly you cannot trade this for Child Maintenance - you must approach the CSA for that
I hope that this is of assistance
Claire
Customer: replied 1 year ago.

He wont take a smaller amount I have offered him some and he says no. The problem I have if he lets us remain here, surely I will be paying the mortgage all that time and then when I come to sell if I do later on then he will be entitled to more, so I would have spent years paying the mortgae for him to gain out of it later down the line

Expert:  Clare replied 1 year ago.
Hi
It is a repayment mortgage then?
Claire
Customer: replied 1 year ago.

Yes it is and I have already paid off 20k as it was for £170 + costs at the beginning, he did sign papers to come off the deeds and mortage back in 2008 for nil value but the mortgage provider would not let me do it and I have been trying ever since but cannot do it as I cannot get a mortgage now so I dont want to pay for another 12 years and then he gets a huge amount of money then for something he has never contrbuted to

Expert:  Clare replied 1 year ago.
Hi
I am afraid that this is the inevitable consequence of his having to wait - another good reason to make sure that you apply to the CSA for an assessment
Claire
Customer: replied 1 year ago.

I have applied to CSA today but as he does not work I know I will get 0% so was hoping they may check if he has savings or assets such as the house instead

Expert:  Clare replied 1 year ago.
Hi
Are you aware of anything he has?
Claire
Customer: replied 1 year ago.

Hi


no nothing just his share in my home

Expert:  Clare replied 1 year ago.
Hi
Then sadly you are likely to receive only the basic £5 a week and sadly there is no way around this
I wish the news could be better
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27782
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

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