How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Kasare Your Own Question
Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
12488363
Type Your Family Law Question Here...
Kasare is online now

I was divorced at 67, worked all my life and saved. The ex

Resolved Question:

I was divorced at 67, worked all my life and saved. The ex took it through the courts ( she had an affair and left. no blame) We have two children at boarding school, I pay the fees. The court agreed shared parenting and she receives £10,000 pa child support from me as ordered by the court . She maintains that is just for the time that are with her ( about 11.5 weeks pa) and any clothes, gym subscription etc should be shared 50 50. etc should.
What exactly does child support cover
Submitted: 3 years ago.
Category: Family Law
Expert:  Kasare replied 3 years ago.
Hi thanks for your question, I will assist you with this.

I imagine the fees paid in addition to the maintenance ordered by the Court?

Child maintenance is about providing help with a child’s everyday living costs. This includes things like food and clothes, and helping to provide a home for your children (which can include paying for residential costs - albeit as you say the children are only there 11.5 weeks p.a). If you pay what the Court has ordered you to pay, taking into account the shared parenting order, then that is all you need to pay.

Maintenance is not to be used as spending money for luxuries - gym subscriptions would be considered luxuries.

If you wish to pay additional funds to your children for luxuries that is your choice to do so, but you are not legally obliged.

I hope this assists.

If you have any further questions on this please ask.

Customer: replied 3 years ago.

I think I have been bamboozled by her lawyers. the words are. "the Respondent shall pay to the Petitioner for the benefit of Charles and Luke periodic payments in the sum of £5000.00 per child.." I see it that she has this money to spend on them to include clothes,


gym, spending money etc. I just thought it was a rather large amount just for maintenance. The key is "for the benefit of"

Customer: replied 3 years ago.

I think I may have been bamboozled by her lawyers. the words are "The Respondent shall pay to the petitioner for the benefit of C and L periodic payments in the sum of £5000 per annum per child." I thought this was a lot just for food and clothes. The key is "for the benefit of" No mention is made of child support or child maintenance. Surely this should cover gym, spending money, holidays. etc

Expert:  Kasare replied 3 years ago.
Hi Richard

As I said above it is EVERYDAY LIVING COSTS.

Therefore the amount you have agreed to pay - as it looks as though this is an agreed family based arrangement, rather than court ordered maintenance - takes into account clothes, food, general groceries including household items, and residential costs eg providing a home, heating etc "for the benefit of" your children.

In family based arrangements the parents usually discuss whether the agreed sum includes holidays, school trips or other expensive items such as mobile phones etc.

In absence of specific discussions, I would suggest the agreed payment, in addition to the school fees and the time the children spend away from the family home, is sufficient.

If your ex-wife wants more then ask her to have the arrangement re-assessed and redefined.

Have a look at this link to see use a calculator to estimate what you would pay by way of statutory child maintenance - http://www.cmoptions.org/en/calculator/ - then if the amount you are paying is lower you can use this the explain to your wife why you expect your agreed payments to include perhaps the costs of gym membership (if in fact your children have one when they are only home 11 weeks p.a) and any spending money.

Your wife has an obligation to contribute to their upbringing too, not just you.

I hope this assists.






Kasare and other Family Law Specialists are ready to help you

Related Family Law Questions