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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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my husband and i are looking into a divorce . He lives and

Customer Question

my husband and i are looking into a divorce . He lives and works abroad and i am in the uk with our 3 children . we have been together 24 years and married 18. I have not worked for 17 years and am very worried on the money side of things . What should I do ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.
Have you filed for divorce?
Customer: replied 3 years ago.

no not filed just thinking . i am in rented accomdation here in uk with a hired car and 3 children 16 ,14,10 all in private school . I just need a few facts on what to do next.

Expert:  Stuart J replied 3 years ago.



There are two main financial issues
based on the facts you give, child maintenance and spousal maintenance.

The CSA will not deal with
non-UK resident parent's and therefore you are faced with application to court
and then enforcing a court order in the country where he lives. I will give you
the CSA rates were child maintenance because they are a good guideline of what
you would get and the courts often follow the CSA outline. CSA rates of child
maintenance are 15% for one child, 20% for 2 and 25% for 3 or more children
living 100% with the resident parent. That is reduced by 1/7 for each 52 nights
the child stays with the non-resident parent. There is also a reduction in the
non-resident parent is responsible for other children. CSA child maintenance is
payable till the children reach 19 years old or leave full-time non-advanced
education. Non-advanced education is generally classed as a level, not
University, but there are some further education courses which are not classed
as advanced. Full-time courses can be as little as 12 hours per week.



There
is a possibility of a liability for spousal maintenance, maintenance paid to
keep a spouse , as opposed to children. Although most commonly paid from
husband to wife, that is not necessarily the case. Spousal maintenance is based
on both incomes, ability to earn money, previous lifestyles and most
importantly, need. It is not about equalising incomes. There is no exact
formula, but these links will give some reading..



http://www.pannone.com/media/articles/family/family/spousal-maintenance-how-much-and-for-how-long





and





http://www.familylawweek.co.uk/site.aspx?i=ed33597





and







http://www.findlaw.co.uk/law/family/divorce_and_dissolution/maintenance/500184.html







Can I help further?



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Thank you.

Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22400
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

what action do i need to take then as he lives ,works abroad . i returned to the uk for health reasons i had 3 operations in one year then finally i had a brain tumour which i had treatment on and have yearly check ups.we agreed to the children returning back also for education purposes and finally job security as he was just tendering and no big win jobs.i have no job,no money ,no savings and rely totally on him supporting me and the children for 24years together.i have no house in my name not even a car .he has a massive 4400 sq foot appartment for one person.Any further advise will be greatly appreciated.

Expert:  Stuart J replied 3 years ago.



There is no legal reason why
you cannot do this yourself. But as he is abroad, this is about as much a do it
yourself job is taking out your own appendix!

The first thing I would do be
to see a solicitor. Many solicitors will take monthly payments to spread the
cost



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