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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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Can an ex-wife claim against the income of her ex-husbands

Resolved Question:

Can an ex-wife claim against the income of her ex-husband's new wife or cohabiting partner in the UK. They have a consent order in place already.
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.
Are you referring to spouse or child maintenance and what does the Consent Order say?
Clare
Customer: replied 3 years ago.


Hi there


 


Thanks for helping- the consent order provides for payment of 2 lots of child maintenance only for two children, one who is 17, one 12. The CM is until they are 18 or finish school whichever is earliest. There is no spousal maintenance. This has always been paid regularly and will continue to be so.


 


I am the new partner of the man in question. We do not currently co-habit but we would like to consider this. I have two older children. I am not keen for my income to be considered fair game for his ex-wife.

Expert:  Clare replied 3 years ago.
Hi
Your income will not effect the child maintenance.
If his ex does apply to the court to vary the child maintenance then your partner can simply apply to the CMS (new CSA) where the assessment is based on his income alone.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.


Thank you- does the same apply to my assets also??


 


The advice is helpful and beyond this no more will be required


 


Thank you very much


 


 


 

Expert:  Clare replied 3 years ago.
Hi
Your assets are safe anyway!
Clare
Customer: replied 3 years ago.


Thank you so much- the person in question is a very devious person and it is helpful to understand my legal rights, in case she tries some of her tricks.


 


Thanks I will complete the feedback form

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare
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