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Ask Clare Your Own Question
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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My friend has just left his wife, .

Resolved Question:

My friend has just left his wife, they have no children together. She is in receipt of benefits for rent council tax and job seekers allowance. She has told him he has to pay her £50 a week maintance in cash only. Is this correct does he haver to pay as she has said she will take him to court if he doesn't pay her?.

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.
How much does your friend earn?
Clare
Customer: replied 3 years ago.

£28000 per annum basic

Expert:  Clare replied 3 years ago.
Hi
What did he earn last year?
Clare
Customer: replied 3 years ago.

£31000 approx last year also we are living together can she ask for my salary to be considered ?

Expert:  Clare replied 3 years ago.
Hi
How long were they living together and what work skills does she have?
Clare
Customer: replied 3 years ago.

Paul and his wife were together 12 years. She was a cleaner and a dinner lady and in kitchens in the past she never did anything else.

Expert:  Clare replied 3 years ago.
Hi
Are there any capital assets at all?
Clare
Customer: replied 3 years ago.

She has a car that's all

Expert:  Clare replied 3 years ago.
Hi
What about your partner?
Clare
Customer: replied 3 years ago.

She has a car worth about £6000 he has a car worth £500 that's all no other assets.


 


I have found out that she also has some qualifications in dealing with children as a classroom assistant

Expert:  Clare replied 3 years ago.
Hi
Last question (I hope) - does your partner want a divorce?
Clare
Customer: replied 3 years ago.


yes

Expert:  Clare replied 3 years ago.
Hi
The fact that there is such a difference in their incomes means that his ex does have a claim for spouse maintenance - but not at any set rate and £50 a week is on the high side.
She can only force him to pay within the financial side of divorce proceedings - so she would have to start a divorce first.
In addition he should only make payments in a way that means he can prove that he has paid.
He should try and negotiate with his ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
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