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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 a divorce case where a property is sold can a father offer

Resolved Question:

In a divorce case where a property is sold can a father offer a 60-40 split on the house equity (instead of 50-50) to the children's mother be counted as a contribution towards child maintenance? Can this be used to off-set a CSA claim? Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
It is unwise to do so as it is unenforceable and the mother can still apply to the CSA who will NOT give credit for the extra capital payment.
It is however a good way of excluding future claims for spouse maintenance if that is an issue
Please ask if you need further details
Clare
Customer: replied 3 years ago.


Thank you that is very helpful. In this case as the mothers income is 3 times that of the father and she is still determined to enforce a CSA claim, can a husband legitimately make a maintenance claim against the wife so that he can afford to rent a property once all outgoings plus the CSA claim mean that he has insufficient income to afford to rent a home.

Expert:  Clare replied 3 years ago.
Hi
What income do they each have and how old are the children?
Clare
Customer: replied 3 years ago.


His income is £23000 per annum hers is £56000 and the children are 17 and 12. Thank you

Expert:  Clare replied 3 years ago.
Hi
I am afraid that his claim for spouse maintenance is minimal on those figures - his liability for child maintenance is £268 a month at most
Clare
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