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Ask Clare Your Own Question
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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I am currently going through a divorce and trying to ascertain

Customer Question

I am currently going through a divorce and trying to ascertain my financial position in respect of child maintenance. I have 3 children and they live with my wife. From the current online calculator, based on my earning etc. it works out at approx. £1,300 per month. However, I currently pay for the mortgage and insurances, phones and pocket money equaling this amount.
My question is whether this will be or should be taken into account ?
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 your Gross income and how many nights a month do they spend with you?
Clare
Customer: replied 2 years ago.
My gross income excluding pension contributions is £69748. However, last financial year I received a performance bonus and had done a bit of overtime which meant this rose to £85000. This additional £16 is not guaranteed and a one off.
The children only spend a night per month with me.
Expert:  Clare replied 2 years ago.
Hi
How much does your ex earn?
Clare
Customer: replied 2 years ago.
She earns £10,500 per year plus £2100 working tax credits and obviously child tax benefit of currently £5000 per year.
Expert:  Clare replied 2 years ago.
Hi
How much is the mortgage payment each month?
Clare
Customer: replied 2 years ago.
£875 plus insurances of £50
Expert:  Clare replied 2 years ago.
Hi
The Child Maintenance calculation is purely a percentage based calculation and takes no account of any other payments that you make BUT they will allow that half of the mortgage payment should be counted as part of the payment.
Given that your ex is also eligible for spouse maintenance this could be a good balance
please ask if you need further details
Clare

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