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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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me and my husband split up in December I have the children

Resolved Question:

Hi me and my husband split up in December I have the children only one is still in education . He pays the mortgage and a few bills he says he won't pay for my youngest as he's paying out enough at the moment . Just wondered can he do that ..
Thanks Lisa
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.
Does your ex live away from the matrimonial home?
How much is he paying into the household?
How much does he earn?
Clare
Customer: replied 2 years ago.

Hi clare

Yes he moved out in December and moved back into his parents house .

He pays the mortgage,gas,electric, but nothing for his kids .

£380 a week .

Lisa

Expert:  Clare replied 2 years ago.
Hi
How much do those bills amount to in total?
Clare
Customer: replied 2 years ago.

Hi

About £800 a month

Lisa

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What income do you have?
Clare
Customer: replied 2 years ago.

Hi

140,00 it's up for sale at the moment and 80,00 is outstanding. .

I didn't work but since Jan I've had to go back to work I only work 16 hours a week

Lisa

Expert:  Clare replied 2 years ago.
Hi
Since he is no longer living at the property your ex is not expected to pay any of the bills - and indeed you would struggle to get a court to insist that he pays all the mortgage
On that basis he is already paying much more than he woudl have to by way of Child Maintenance - or even Child and spouse maintenance combined
However the issue of what happens when the property is sold - and where you and the child will live does need to discussed
This should be discussed with your ex 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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