When i went 2 see my sol on Monday he mentioned i cud get my child maintenance offset against capital on the MH. Has any1 heard of this? sbtx n i have our first appointment next week, does any1 give any advice as 2 wot 2 expect?

L

I would like to be able to do this as well. I stand zero chance of getting any maintenance out of my ex.

Hi clambake ...

are you sure your solicitor meant CHILD maintenance?

I am pretty sure you could offset spousal maintenance but I though CM was not something you could write off in this way .. or if you could the deal would only be valid for a year and then you could go back to the CSA for CM.

Perhaps one of the other wikipeeps will have a better idea??

Hadenoughnow

In the past the sticking point has been Section 6 Child Support Act 1991 which required a parent to make an application for Child Support if they find themselves on a prescribed benefit (mainly income support). However this is repealed under the new CMEC legislation. Now it is possible, if you are both in agreement, to offset CM against capital and to have written in an order some means of pay back as security should go to you go to the CSA/CMEC. I think though great caution is needed using this approach.

As my idiot is talking about moving abroad i am having the child maintenance and spousal maintenance capitalised. Which means after absolute he gives me nothing each month but i get most of the equity in the house. The deeds are being transfered to me and I am taking on the mort but I have to indemnify him against non payment as i don't yet earn enough to take mort into my own name. It looks like i have until youngest leaves ful time eduaction to take on mort or house has to be sold then to cancel the mort. Am hoping i can earn enough by then.I also have to sign and it is going to written into court doc's to say will I not go to csa later or he can come back and claim more from house. Hope this helps, it works for me as i cannot chase him abroad for csa so getting it upfront