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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33312
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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Hi. My 16 year old son has gone to live with his father, my

Customer Question

Hi. My 16 year old son has gone to live with his father, my ex husband and as a result he has stopped paying child support of £250 a month. He is arguing that we now have one child each ( my other son is 10) so he shouldnt have to give me money for both. Would appreciate your advice please, as loosing £250 a month suddenly is making life difficult.

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 do you each earn gross ?
Clare
Customer: replied 2 years ago.

I work part time and earn around 400 a month so 4800 a year aprox. I have no idea what he earns but he works full time as a desk top engineer for the AA his second wife works full time also. Sorry, thats probably bot much help.

Expert:  Clare replied 2 years ago.
Hi
Do either have you have other children in your care and how many nights a year do the children spend with each of you?
Clare
Customer: replied 2 years ago.

I Have a daughter with my new partner. The two boys spend one night a fortnight with their dad and he has no other children.

Expert:  Clare replied 2 years ago.
Hi
Just to check - is your 16 year old still in education?
Clare
Customer: replied 2 years ago.

He has finished school but I believe he has to stay in further education, training or an apprenticeship until he is 18 under new law?. He has not decided what to do yet.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the fact is that you each have to pay the other maintenance for the child in your care.
You will have to pay him 12% of 89% of your income (you get a discount as you have another child in your care.
So £43 a month at most - there is a further discount if the child spends more than 52 nights a year with you.
Your ex will have also have to pay 12% of 89% of his Gross income as he has the older child in his care - so if he earns more than £35,000 a year Gross he will have to pay as much if not more than he is currently paying - even accounting for what you need to pay him.
You can read more here
http://nacsa.co.uk/index.php?option=com_content&view=article&id=38:cs3-calculations&catid=2:uncategorised&Itemid=535
Please ask if you need further details
Clare

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