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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Since separation (5 yrs) I have been paying substantially more

Customer Question

Since separation (5 yrs) I have been paying substantially more than CSA guidelines. 3 years ago, we sold marital home and after debts, split the remainder. I have continued to pay more than guidelines up until recently. She had an inheritance after we sold the property. I am now seeking a clean break financial order. Would or should previous overpayments count towards what the settlement should be? Assets after sale were not substantial, I used my part towards a deposit for a flat and ex-wife chose to do other things. I now have a property, she is in a rental. Our child is privately educated. I am suggesting CSA calculation + 1/2 school fees whilst child still in full time education. Is that too much, bearing in mind overpayments over the period?
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 do you earn and do you wish the child to remain in private education?
Clare
Customer: replied 3 years ago.

Hi Clare


c£3750 after tax


Yes, I wish for her to remain


I cohabit with a new partner, she has a daughter who is with us 6 nights a week


I see my daughter 50-100 nights a year


Thanks


James

Expert:  Clare replied 3 years ago.
Hi
Can your ex realistically afford the other half of the school fees?
Clare
Customer: replied 3 years ago.

Good question. In theory, yes. She is a self-employed PI Solicitor specialising in MOD & severe trauma injuries, so a bit of feast/famine on when the cases may or may not settle. I have no idea what her t/o is but she reckons on £2250 pcm after tax but again I don't know how or what she is putting against tax and paying out of the business. Sch fees are £10k pa so equivalent to what I am contributing. Can she live on £2250 with £900pcm rent? I would say she should be able to but then I'm not her. Sorry, I don't have a handle on more accurate figures. Child is 15 and just started first year of GCSE exams, major year next year. Will likely stay on for A-Levels.

Expert:  Clare replied 3 years ago.
Hi
I am afraid that the fact that you have made voluntary overpayments in the past is not relevant to the settlement in any way
The offer that you have made appears reasonable in all the circumstances
I hope that this is of assistance - please ask if you need further details
Clare