interim payments

Hello
I was the applicant in the divorce, now absolute but he is the applicantin the ancillary relief.
i am paying all he mortgage and have been for the 2 years since we split and am going deeper into debt to do this but he is after the increase in equity and probably more. Does anyone know if i can apply for an interim payment even though we are at FDR end of June?

Sure - you can apply for interim payments anytime during the process.

Also if u need them and are entitled to them then apply sooner rather than later. It takes a couple of months to get an award (time is really the time it takes to get a court hearing booked) and the payments can be backdated to the date you applied for the interim order.

Only reason not to is if you were very confident it would all be settled at FDR and didnt want the extra hassle. But if you need the money then do it.

Do you know if the judge takes non payment of mortgage into consideration when awarding settlement? What I mean by that is Can I take off half of mortgage payments from whatever the equity of the property is?

Not really. The settlement is based on sharing the net assets of the marriage as they stand at the date of the settlement.

Remember in some marriages one party has paid the mortgage and all other bills for twenty years - that person gets no more credit than the stay at home partner.

Sorry I should have been more clear i meant the mortgage payments since separating 2 years ago. It is only during this time that equity has built up as we purchased the house 2 months before splitting, he has made no payments despite having declared no housing costs due to living with new partner.

Who pays the mortgage between separation and final resolution makes no difference.

For example my ex2B is in FMH, i got kicked out.

I pay rent on new place but also pay 60% of my salary to cover her mortgage and living expenses. I will get no credit for this.

How can they justify that you have to pay 60% of your salary? If i did that I just could not afford to live, might as well give up work and go on the dole