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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
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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Lately my ex-husband hasn't managed all his childcare commitments

Customer Question

Lately my ex-husband hasn't managed all his childcare commitments and I have covered him. However this has now been at a cost to my work and my company are putting more and more pressure on me to work long hours and daily commutes to the office/client site. If I have to change jobs and work locally for probably 70% of the salary I earn now - what financial support can I expect from my ex-husband or is it down to me to fill the short fall of money. He currently pays 20% of his income as child support and there is a nominal £1 a year for spousal maintenance. Thanks
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.
What is the pattern of contact meant to be?
How has he failed to observe this?
Clare
Customer: replied 2 years ago.

Thanks.

The pattern is :

Every week

He picks up on Tuesday from after school club at 4.30pm and has them for tea and swimming then drops them to me at 7.30pm. Last week he couldn't manage this as he was away with work

Half Term

He is due to have them 50:50 during half term. Wednesday morning and then Thursday and Friday. He couldn't have them Wednesday morning nor pick them up from a club Friday afternoon so I worked from home on Wednesday which is not unusual. I was supposed to go into London on Friday but worked from home instead so I could pick the girls up.

During the summer holidays he couldn't cover 2 of his days so my parents had the girls and I had to take time out to drive them there and pick them up (about 1.5 hrs each way).

Expert:  Clare replied 2 years ago.
Hi
How many nights a month does he have them overnight?
Clare
Customer: replied 2 years ago.

He currently has them 6 nights a month (3 nights a fortnight) and in addition 1 full week holiday in the summer.

Expert:  Clare replied 2 years ago.
Hi
How old are the children?
Clare
Customer: replied 2 years ago.

8 and 10 - two girls

Expert:  Clare replied 2 years ago.
Hi
How much do you currently earn and when was the order made?
Clare
Customer: replied 2 years ago.

The financial order was agreed in mediation in January 2014 based on Johns P60D and my wage from tax year 12/13 and went through court in June and was agreed end of June/beginning of July 2014. We are still working to these amounts - they were not updated for tax year 13/14 even though that was agreed in mediation - John didn't change anything.

I earn £70k full time but only work 0.75 FTE. If I was to get a job more locally I would need to work full time and the salary would be nearer £50k.

Expert:  Clare replied 2 years ago.
Hi
How much does your ex earn?
Clare
Customer: replied 2 years ago.

He earns £77k plus car allowance of £6.2k plus on target bonus which last time took his salary up to £104k. I forgot to mention that I also get a bonus on my performance of 20% - of the 0.75 FTE salary.

Expert:  Clare replied 2 years ago.
Hi
I do not have good news I am afraid.
Your ex cannot be forced to have the children more than he does.
You can certainly try and negotiate with him again in mediation pointing out that you need him to take responsibility for the children on the times allotted to him - or perhaps agree a child care solution that you both fund.
However the realistic position is that you may well have to compromise your career to cover the child care
Equally unfortunately your ex is already paying the full amount of child maintenance with no deduction for the nights the children spend with him
Even if your income falls as you describe your chances of securing spouse maintenance are remote
I am sorry I am aware that this is all bad news - please ask if you need further details
Clare