mortgage payments, if paid on a house that the person doing the paying no
longer has an interest in (and that's the key to this) can be counted as
child maintenance but he would have to involve the CSA
to achieve this. However, if it's a jointly owned house this doesn't count
and his only legal obligation will be to pay child maintenance at CSA
rates.
However, you do have to bear in mind the issue of credit
ratings and the long term effects of missing mortgage payments which, in a
worst case scenario, could lead to the repossession of the marital home.
He would be advised to do his best to come to an arrangement with his ex
about this but as long as he's on the mortgage and owns the house, he will
be answerable to the lender and his credit rating! Asking for a payment
holiday and going interest only are options for reducing his
outgoings in the short term whilst a divorce and
financial settlement are sorted.
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