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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34134
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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I am divorced and have 2 children from my previous marriage.

Resolved Question:

I am divorced and have 2 children from my previous marriage. I am now in another relationship and am considering cohabiting with my girlfriend. I have always paid a generous amount in respect of child maintenance (often equating to 40% of my net income). My girlfriend has a good income and we are both fearful that a claim could be made against our household income, thereby compelling my girlfriend to contribute part of her income to my ex-wife!
Please clairfy the position.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has a financial order been made within the divorce proceedings?
Clare
Customer: replied 3 years ago.

No, not that I'm aware of. I was granted a clean brak settlement in May 2013.

Expert:  Clare replied 3 years ago.
Hi
That is it!
Doe sthat deal with child maintenance at all?
Clare
Customer: replied 3 years ago.

I don't believe it does.

Expert:  Clare replied 3 years ago.
Hi
Just to check the maintenance has always been voluntary?
If this indeed the case then you need have no concern
In the event of a dispute then the only option your ex will have is to apply to the CSA - and the CSA will only take notice of your income - not that of your partner
The calculation is here
http://www.nacsa.co.uk/index.php/cs3-top/cs3-calculations
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

The maintenance has always been voluntary. I have been told on numerous occassions that I am paying far too much and that I should be paying approximately 20% of my net income.


If the maintenance has always been voluntary am I correct in thinking that my partner's income can not be taken into account?

Expert:  Clare replied 3 years ago.
Hi
That is correct - your partner's income has no relevance to the calculation if the CSA are called in now
Clare
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