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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 am an unmarried father of two with Parental responsibilities.

Resolved Question:

I am an unmarried father of two with Parental responsibilities. I earn circa £150k a year of which £65k is my basic salary.
I currently own a house with my ex partner which she lives in with my children and I pay the mortgage for the house each month circa £1k a month, I also pay £480 a month for a car for her exclusive use, I have also been contributing £2k per month to her. So I am paying roughly £3500 a month to her
I also pay for the childrens private school.
I make a portion of additional capital via trading / spread betting the result and projection of these figures would be hard to predict and as such how would they be determined.
My questions are, based on the above information am I paying too much money to my ex? Second of all is there anyway I can secure access to my children (IF) relationships soured dramatically
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.
For clarity - does the £150K include the additional capital you refer to - if not how much a year do you receive from this on average?
Clare
Customer: replied 2 years ago.
No there would be additional capital above the £150k possibly another £50k but this is made via spread betting and as such is a bet and cannot be classified as income surely?
Expert:  Clare replied 2 years ago.
Hi
It is income I am afraid - even if t s not a reliable one.
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
I don't see how it can be classed as income it is a tax free based on its uncertain nature I can lose money as opposed to just generating an income.
The house is circa £500 mortgage is roughly £275k I put in £150k she put in £70k. I pay for the mortgage alone and do not live there. I rent a house elsewhere
Customer: replied 2 years ago.
There are various incidentals I regularly pay for such as her gym membership, her flights for holiday to take the children away etc.
Really all I want is to now in a clear cut scenario if I earned £200k a year based on what you said what she is entitled to each month if you factor in the mortgage payment etc.
And do I have rights to see my children? And how would I secure specific access to see them such as every other weekend
Expert:  Clare replied 2 years ago.
Hi
How old are the children and what is the current pattern of contact?
Clare
Customer: replied 2 years ago.
The children are 4 & 6 and I pay for their private education at circa £6k per term. The pattern has loosely been based around every other weekend and one night at week, but we want to establish something where a framework is put in place
Expert:  Clare replied 2 years ago.
Hi
Will your ex be going back to work?
Clare
Customer: replied 2 years ago.
She has an online business selling kids items I have no idea how much he makes. I was never married to her
Expert:  Clare replied 2 years ago.
Hi
Best guess on her income?
Clare
Customer: replied 2 years ago.
Probably sub £10k, but let's say £10k net.
Expert:  Clare replied 2 years ago.
Hi
Since you are not married your only liability so far as your ex is concerned is to help her house the children until they are 18.
You have to pay 16% of your gross income from all sources as child maintenance - and as a higher earner who has already started paying school fees these payments are likely to continue
On that basis - yes you are paying a very generous amount - paying 16% plus the mortgage and the school fees would be reasonable - and providing a car would also be reasonable.
So far as the care of the children is concerned it is the right of the child to have a relationship with both parents and the courts will enforce this if necessary
You should try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
to agree a Parenting plan (and to discuss the finances
I hope that this is of assistance - please ask fi you need further details
Clare
Customer: replied 2 years ago.
16% in total or per child?
Expert:  Clare replied 2 years ago.
Hi
In total!
Clare
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