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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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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Hello have a question. Moved to UK with my partner we are not

Customer Question

Hello have a question. Moved to UK with my partner we are not married and he is still married going through separation. We are having difficulties found out he cheated on me. We shave a son. I am worried if we separate what are my rights - can I get child and maintaince support as I gave up my job and everything to move and be with him in the uk?
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.
May I ask what your immigration status is and how old is the child?
What income and assets does your ex have?
Clare
Customer: replied 2 years ago.

I am a british citizen and so is he. He earns about 90K (60K + 30 bonus) a year, is supporting his still wife who he also has a child with. He never divorced her though he said he would. he has a boat worth 50-60K and a house which is ex is getting and a savings which the ex is getting. We have two cars one which is not paid off yet. and live in a rented house.

our child is 14 months. I have him on birth certificate and signed papers from germany where our boy was born saying thAT he agrees to joint custody and if he left me that he would pay for maintenance and child care but do not think these are valid in uk.

I hope to start work in next 2-3 weeks in a good job.

Thanks

Bianca

Expert:  Clare replied 2 years ago.
Hi
How much will you be able to earn?
Clare
Customer: replied 2 years ago.

50k

Expert:  Clare replied 2 years ago.
Hi
Are you able to remain in your current home?
Clare
Customer: replied 2 years ago.
Yes if he supports me and pays
Expert:  Clare replied 2 years ago.
Hi
His maintenance liability will be 12% of 89% of his GROSS income at most
You can do the correct calculation here
http://www.nacsa.co.uk/index.php/cs3-calculations
You are not entitled to any personal maintenance yourself I am afraid since you were not married
If he had extensive capital then you could also have tried applying for an order that he provide a property until the child is 18 - but I am afraid that this i snot likely in the circumstances
Please ask if you need further details
Clare

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