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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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Hi. I am separated from my 7 yr old daughters mother, who

Resolved Question:

Hi. I am separated from my 7 yr old daughter's mother, who she lives with. I have parental responsibility, and have paid very adequate & regular maintenance. We were never married, and lived together unofficially under a year.

The mother has recently stated that she is legally due '20% of my savings' and of my earnings, and has looked it up online. She doesn't know my Gross income is 1400 / week, but I think she surmises roughly that. I have no other relevant outgoings.

The government child maintenance calculator gives me £130 a week as my expected contribution.

Does she have a right to my savings? Where can I look this up?
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.
What is your ex's housing position and is there any major differences in your lifestyles?
Clare
Customer: replied 3 years ago.

She has a housing association house in her name which she swapped for her council house, that she received just after I moved out. She had been on the waiting list for years before that. I have a life tenancy on a small flat on a quaker estate.


 


There are no major differences in our lifestyle financially, tho she has had debt problems for years and was bankrupt(or insolvent) a couple of years before the child was born. I have paid Wonga.com a few thousand in all over 3 occasions for her recently. I give her 130 a week in cash and pay all her bills, and buy and service her car. Maybe 12,000 a year in all.


She gets 500 a month Tax credits too.


 


She is self employed as a ceramicist for this last year. I lent her the money to set up business as she requested 3000, eventually it was nearer 6000. I have for this reason also ended up paying annually for her 4000 rent/council tax now too (which she possibly didn't foresee).


She was unemployed before then tho I suspect she didn't declare the money I was giving her, asking for it in cash. I have bank records of course showing many other payments to cover my dues.


 


I think the ceramics business helped her to get back on an even keel and stop drinking, but recently she has been behaving oddly again.


 


 


I have for 4 years been an IT contractor and am careful with money. My father died recently too and left me a large sum, which she knows nothing of..


 


I know how it reads, but it's true. I don't know how the law stands but am ever pessimistic.

Expert:  Clare replied 3 years ago.
HI
What is your monthly gross income - and what is the extent of your savings (and the news may not be bad)
Clare
Customer: replied 3 years ago.

monthly gross 6,137


savings 100,000 + isas 35,000

Expert:  Clare replied 3 years ago.
Hi
How often do you have the child overnight?
Clare
Customer: replied 3 years ago.

52 + a year


 


2 nights a fortnight, and maybe one night a month more


 


no other children live with me & I have no others.


 


I have none of the listed benefits or allowances either


 


Thanks, XXXXX XXXXX forget I asked about her mother's rights to my savings

Expert:  Clare replied 3 years ago.
Hi
Clearly you are aware that you should be paying in line with the calculations here
http://nacsa.co.uk/index.php?option=com_content&view=article&id=38:cs3-calculations&catid=2:uncategorised&Itemid=535
However your ex is wrong - she has no automatic entitlement to a penny of your savings - let alone 20%
If she had a specific need on behalf of the child (housing schooling etc) then she could make an application under Schedule 1 of the Children Act - but it is not a general right - it needs to be for a specific reason that the court considers justified - and it seems that you are covering all the possible needs already!
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

I thought the government calculator at http://www.google.co.uk/url?sa=t&rct=j&q=child%20maintenance%20calculator&source=web&cd=2&cad=rja&uact=8&ved=0CDQQFjAB&url=https%3A%2F%2Fwww.gov.uk%2Fcalculate-your-child-maintenance&ei=_BJDU5WjPMuThgfey4CoAQ&usg=AFQjCNF-TLgiTC7N-vdUJ0IsM0Hq9Lmxuw&bvm=bv.64125504,d.ZG4 is better?


What result did u get from NACSA?

Expert:  Clare replied 3 years ago.
Hi
Either will be fine - essentially it is 12% of your gross income less a one seventh deduction (slightly less in fact because you earn more than £800 a week
Clare
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