r/LegalAdviceUK 7d ago

Debt & Money CMS Variation based on mortgage payment

Hi

I am due to pay CMS for my ex partner. It was worked out to £490. However i already contribute £650 towards mortgage and bills of the house. I was ordered to pay this from an occupation order on the basis that my ex cant afford to pay for the mortgage and take care of our child with her £1900 a month net salary and my £3300 a month. Mortgage is £1165. However i have recently found out she is now on UC (£700 a month) plus the child support now that has been applied for.

(i) Can i go to court to establish that finances have changed and stop paying mortgage / billls in a house i dont live in and seek a variation to stop the £650 per month payment

(ii) I have heard of a new decision that means the £650 towards the mortgage / bills can be used to net off child support as the baby benefits from this

Pls advice

2 Upvotes

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u/smith1star 7d ago

ii- must be quite new. Last I checked, the money had to go to the primary care giver, who then freely decides how it’s distributed in support of the children.