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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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i have been married for 11 years but unfortunately we have

Resolved Question:

i have been married for 11 years but unfortunately we have agreed to separate I am now living in separate address and would like to know what my wife is entitled to at the moment financially from me I am paying the mortgage for her and the kids clubs.
ie is she entitled to any of my earnings now or only if we get divorced?
I have bonuses due to me and need to know what she would be entitled to.
We have been civil and no courts or solicitors are involved at the mo.
dave
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 is the house worth an dhow much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
How long have you actually lived together and how old are the children?
Clare
Customer: replied 2 years ago.

Hi clare

house is worth approx. £200,000-

mortgage is about £40,000 left

No debts

assets is just internal hse bits

my income is £45k

her income is about £7K (part time)

lived together 12 years

kids are 10, 12, & 14.

Dave

Expert:  Clare replied 2 years ago.
Hi
Ho much is your monthly mortgage payment?
Clare
Customer: replied 2 years ago.
Clare
Sorry didn't realise you sent another question,
Monthly mortgage is £520
Dave s
Customer: replied 2 years ago.
520 pounds
Expert:  Clare replied 2 years ago.
Hi
How often do the children stay with you overnight?
Clare
Customer: replied 2 years ago.
Clare
At the moment only now and then as I'm staying with family,
However getting a rented property in august and we are suppose to be agreeing every other weekend give or take any issues that may pop up
Dave
Expert:  Clare replied 2 years ago.
Hi
You shoudl be paying child maintenance at the rate of 19% of your GROSS income (including bonuses) so at the moment you are underpaying.
She also has a potential claim for Spouse Maintenance - but there is no set sum for that as much depends on her current income and expenditure and her "reasonable needs"
Such a claim can however only be enforced within divorce proceedings
It is unlikely that you will be able to force a sale of the property until your youngest is 18 at which time it is likely that your ex will get a 60/40 split in the equity
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Clare
Thanks for confirming this
With the mortgage and kids clubs and school stuff
I pay about £720 a month which is about equal to
20% of my wage so that seems ok however what I didn't realise is
That the entitle ment is also on my bonus aswell.
I get this in a dividend so is this the same and it's not always garenteed
So how do they know what my dividend would be
I also pay tax on that so I assume it will be 19% after tax
Dave
Expert:  Clare replied 2 years ago.
Hi
Hi
No I am afraid that it is 19% of GROSS income for three children - the old figure was 25% of NET income
If your wife has to apply to the CMS (new CSA) then they can access your records from the Inland Revenue if need be
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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