Separation. maintenance and house

W

worriedhead

Guest
Hi, If anyone can help me I'd very much appreciate it. My ex H had an affair last year. I found out and asked him to leave, his words are I kicked him out. He left.
When first discussed he said he would give me money to maintain our daughter, the house, which has a joint mortgage on it, loan we took out for the wedding, this is in my name only though etc.
In February of this year we attended mediation and agreed on a monthly figure €100 less than what he initially said. I agreed and off I went. Counting down the years to a divorce. Nothing was ever legalised.
4 weeks ago he said he wasn't happy with what he was giving me, that he couldn't afford it. I said ok, lets go back to mediation, he said ok.
Later that day he texted me and said no point going to mediation, he was taking €350 off the monthly figure as that was 'fair. End of discussion. Tried to talk to him numerous times and eventually did this week.
However he is not budging. What he wants to give me covers half the childcare costs and enough to feed our daughter but that is all. He left saying he's giving me that amount and what I choose to do with it is up to me.
Right now I am terrified. I wanted to rent out the house and get something smaller for myself and my daughter, which he knew and had no objection to. I now have to rent out the house and move in with family as I simply cannot afford the huge mortage payments on my own. As it is i'd be making up the differnce between the rent and the mortgage as it doesn't cover it fully.
I have been advised to take him to court for maintenance but I am terrified, what if they reduce it even more? I have an appointment for free legal aid next week but there is a 3 month waiting list. I want a legal separation which he said no to. I asked him again to go back to mediation, he said no.
How is it fair that I have to cover the mortgage solely when it is in both names and have that worry on me as well as everything else.
Can anyone please advise, or share their experiences. I am not interested in fleecing him, but I do think he needs to share the responsibility.
Thanks
 
Do you have any equity in the family home? I don't see how a judge will let him not pay his part of the mortgage, but it will be a long time before you see a judge. Have you asked the bank about going interest only for a while?
"I want a legal separation which he said no to" He does not have to consent to a legal separation, however he can make it more acrimonious. Your LAB solicitor (when you get one) will attempt to get him into mediation again and make what is agreed legally binding by getting a judge to OK it. I take it your original effort at mediation wasn't signed by both of you? If it was I'd be sending him a copy and try to hold him to it.

Good Luck in this difficult time for you.

Sybil