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.
There are two main financial issuesbased on the facts you give, child maintenance and spousal maintenance.
The CSA will not deal withnon-UK resident parent's and therefore you are faced with application to courtand then enforcing a court order in the country where he lives. I will give youthe CSA rates were child maintenance because they are a good guideline of whatyou would get and the courts often follow the CSA outline. CSA rates of childmaintenance are 15% for one child, 20% for 2 and 25% for 3 or more childrenliving 100% with the resident parent. That is reduced by 1/7 for each 52 nightsthe child stays with the non-resident parent. There is also a reduction in thenon-resident parent is responsible for other children. CSA child maintenance ispayable till the children reach 19 years old or leave full-time non-advancededucation. Non-advanced education is generally classed as a level, notUniversity, but there are some further education courses which are not classedas advanced. Full-time courses can be as little as 12 hours per week.
Thereis a possibility of a liability for spousal maintenance, maintenance paid tokeep a spouse , as opposed to children. Although most commonly paid fromhusband to wife, that is not necessarily the case. Spousal maintenance is basedon both incomes, ability to earn money, previous lifestyles and mostimportantly, need. It is not about equalising incomes. There is no exactformula, but these links will give some reading..
Can I help further?
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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.
There is no legal reason whyyou cannot do this yourself. But as he is abroad, this is about as much a do ityourself job is taking out your own appendix!
The first thing I would do beto see a solicitor. Many solicitors will take monthly payments to spread thecost