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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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in addition to paying child maintenance does the father also

Customer Question

in addition to paying child maintenance does the father also have to support the mother as a carer?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
I will do my best to assist but I need some further information first.
How old are the children and what income do each of the parents have?
Claire
Customer: replied 4 years ago.


One child , one year old. Mother does not work and no income, father has 6 figure salary and currently paying CSA. Father has own house , mother living with family, but wants own place

Expert:  Clare replied 4 years ago.
Hi
May I ask if the parents are married to each other?
Claire
Customer: replied 4 years ago.


Parents not married

Expert:  Clare replied 4 years ago.
Hi
Does the father earn more than £2000 a week net?
Claire
Customer: replied 4 years ago.


Yes he does and is paying the max under CSA rules, but likely the mother will want to go for more than the CSA max. Mother believes in addition to maintenance payment , father needs to fund a property of mother's chosing( location and quality) and support her

Expert:  Clare replied 4 years ago.
Hi
What is the extent of the father's Capital assets?
Claire
Customer: replied 4 years ago.


Claire


The father's capital assets free of debt are 7 figures.

Expert:  Clare replied 4 years ago.
Hi
Thank you for that information.
The mother can use Schedule 1 of the Children Act to apply for the provision of a Capital sum to enable her to have a suitable house which matches (but does not equal) the fathers home and for a "top up" of the Child Maintenance to enable her to maintain the house and a reasonable lifestyle.
The house is likely to revert to the father when the child is 18.
You can read more about it here
http://www.familylawweek.co.uk/site.aspx?i=ed1807
I hope that this is of assistance but please feel free to ask for more information or clarification
Claire
Customer: replied 4 years ago.


Thank you for this. So in terms of suitable lifestyle( what does this mean?) and maintaining the house is there a cap? And is there additional money required just to support the mother?

Expert:  Clare replied 4 years ago.
Hi
If you look at the case law I referred you to you will see that there are no firm guidelines as to amounts - and that there is inevitably some provision for the support of the mother included in the maintenance
Claire
Customer: replied 4 years ago.

Claire


Thank you, I have looked at the cae law but it seems to be from 2006, presumably there has been nothing new since then?


So it would appear , the mother gets "benefit" of being married?


 

Expert:  Clare replied 4 years ago.
Hi
The law is always changing - but sadly not in favour of the father
http://www.marilynstowe.co.uk/2011/10/21/a-capital-idea-will-courts-now-consider-other-assets-in-child-maintenance-cases-by-guest-blogger-lindsey-randall/
Claire