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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I have a consent order in place with my exwife in which

Resolved Question:

Hello I have a consent order in place with my exwife in which I agreed to pay maintenance to my 3 children until the age of 18 or until finalising secondary education whichever was the earliest which I am doing, one of the children is 20 now and not in education therefore out of maintenance. I also agreed to pay my exwife maintenance however we did not agree on end day for it. I have left them the house and 80% of the equity. My circumstances over the years have changed I now have acquired finally a mortgage and have 2 more children both under 5. My partner works full time, the house is under both of our names and we both pay for child care. My question is, is there a way to reduce my spousal maintenance taking into account that she is in age to work had enough time to get a skill and cooperate with the household, she is currently is a relationship spending most weekends with her partner as she doesn't want to loose her maintenance however I am proposing to her to reduce her payments by a third as I am not longer able to afford the large payment I make to her. I am not intending to cut my children's maintenance and in fact have offered to make irregular payments voluntarily to my 20 year old to help with expenses although he is not working or studying. I have called the CMA and the calculation there suggests that they would take into account gross salary which is incredible as I cannot stop paying taxes with the excuse of having to pay more maintenance. My exwife has now threatened to pursue our assets my new house and my partner's assets including her salary. Is that possible and how can I , one reduce her maintenance, and protect my new partner from being affected. thanks in advance
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
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Expert:  Nicola-mod replied 2 years ago.
Hello,
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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 the younger children?
What is your gross income and how much child maintenance do you currently pay.
When was the Order made and how old is your ex wife?
Clare
Customer: replied 2 years ago.

Thanks sorry for the late reply but my account needed to be reset.

My children with exwife

One is 20, second will be 18 in may 2015 and youngest is 13

Children with new partner are 2 and 4

Gross income in 2014 was 120K.

For the 20 yeard old I no longer pay

For the other 2 children I pay 465 pounds each

And for the exwife I pay 330 a month

My exwife is 47 years old

Thanks

Expert:  Clare replied 2 years ago.
Hi
For clarity you are now paying your ex a total of £1260 a month, and your personal gross income is £120,000 a year, is that correct?
Clare
Customer: replied 2 years ago.

correct but it is divided £330 wife maintenance, £465 for the 17 year old and £465 for the youngest child,

yes gross annual salary in 2014 £120K.

regards

Expert:  Clare replied 2 years ago.
Hi
Thank you for that - just to check - how many nights a week do your older children spend with you
Clare
Customer: replied 2 years ago.

the oldest is 20 he does not stay at home, and no maintenance is longer paid for him, he is not in higher education either.

The 18 year old finished high school in july, does not stay with me and is expected to move away to university. Maintenance in place. £465 to end in July

The 13 year old never stays with me by choice. Maiintenance of 465 currently payable.

thanks

Expert:  Clare replied 2 years ago.
Hi
Sorry - I have just noticed that you have not said WHEN the order was made?
Clare
Customer: replied 2 years ago.

Order first agreed, in 2010 then modified as per mutual agreement in 2012.

Expert:  Clare replied 2 years ago.
Hi
What work skills does your ex have and how much could she earn?
Clare
Customer: replied 2 years ago.

Admin skills, she worked as ground staff at British airways. Also as a receptionist and currently I understand she volunteers as a dinner lady. Taking into account that the chikdren are busy all day and she has full time help from her sister and parents and her skills, in my opinion she could make a salary of at least 15K per year if part time. Not sure if this is relevant but she claims that I should assist my parents but they are currently under medical care both of them and my dad is now in hospital for the last3 weeks therefore I am obliged and happy to visit regularly as they live3 hours from London. thanks

Expert:  Clare replied 2 years ago.
Hi
I am afraid that so far as child maintenance is concerned under the CMS you would indeed have to pay 12% of 86% of your GROSS income (assuming that your 18 year old leaves school/college this term)
This means that you need to think very carefully about making any applictaion to the courts to reduce the spouse maintenance as the next step will be for your ex to apply to the CMS and you will have lost out overall.
Far better to wait until your youngest is moving nearer to her 18th birthday and then apply for the spouse maintenance to be dismissed
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Please can you clarify if you mean 12% of 86% of gross income for the third child only or am i liable to pay that for each child? Also how do you arrive to 86% and 12%. and can the spouse maintenance be dismissed completely or will she be able to claim maintenance after youngest child is 18? thanks

Expert:  Clare replied 2 years ago.
Hi
You will only have to pay for the youngest - and that is a set 12% of your gross income
You have two children in your home - for which you get a 14% reduction on your gross income before the assessment is made
Details here
http://www.nacsa.co.uk/index.php/cs3-calculations
The Spouse maintenance can be dismissed totally - if the court feels it appropriate
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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