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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33318
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 husband & I are separated. His salary is vastly more than

Customer Question

My husband & I are separated. His salary is vastly more than mine. Via e mail we agreed on him paying monthly for me & our 3 daughters. This has been effective since approx Nov 2013. In March he paid nothing at all & has made it clear he doesn't intend to pay. Since then he has paid £250 a month less than was agreed. He says he is paying more than the CSA recommends. I would like to know if I have a claim on him - perhaps for spousal maintenance? Do I have a come back for breaching his agreement? If so what are the steps I need to take? Thank you
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 old are children and what income do you and your ex each have.
Clare
Customer: replied 2 years ago.
19 , 17 & 12. All in full time education.
His income is around £65k mine is about 19k
Customer: replied 2 years ago.
19, 17 & 12 all in full time education.
His incomes around 65k mine about 19k
Expert:  Clare replied 2 years ago.
Hi Lesley
Are you willing to start divorce proceedings?
Clare
Customer: replied 2 years ago.
Possibly. If it's the only way to get the finances straight.
Expert:  Clare replied 2 years ago.
Hi
Sorry just to check - is your eldest at university?
Clare
Customer: replied 2 years ago.
Yes. She is starting in October. The 17 year old is retaking her year 12 AS level year.
Expert:  Clare replied 2 years ago.
Hi
has your ex offered to make a private arrangement with your eldest - and how much is he now paying you?Clare
Customer: replied 2 years ago.
We made an agreement via e mail in about November 2013. I worked out our household monthly expenditure as advised by my solicitor and he agreed to pay around £1700 a month (I'd need to check exact figures). In March with no noticed he paid nothing. He then said he'd pay £1500. This has not been apportioned to me or each child but from e mails he is clear he is paying for the eldest as well. I believe the csa calculator suggest he pay around £900 per month
Customer: replied 2 years ago.
Why have I not heard any more from you?
Expert:  Clare replied 2 years ago.
Hi
I am so sorry - for reasons I do not understand - but I assume a site glitch - your question disappeared from my lists so I did not know you were still waiting - my profound apologies.
When you were negotiating the finances did you also talk about the capital split between you?
Clare
Customer: replied 2 years ago.
No
Expert:  Clare replied 2 years ago.
Hi
I am afraid that your options are very limited.
There is no way that you can enforce the agreement that was reached.
The child maintenance rate is 16% of his gross income (less if the children spend more than 52 nights a year with him) for the younger children.
It will be up to your elder child to negotiate a support figure with your ex.
Spouse maintenance can be claimed within the financial side of Divorce proceedings and is needs based - calculated in terms of your reasonable needs and your income from all sources.
You should try and negotiate with him 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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