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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34491
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 was married 18 months before divorce and now have

Resolved Question:

I was married for only 18 months before divorce and now have custody of my 3-yr old daughter. My ex-husband (the father) claims that he does not have to financially support either of us for any longer than the length of the marriage (18 months). He has been paying £60 per week for the first 12 months after the divorce but is now trying to get me to accept a one-off "full and final payment" of £1000, with nothing thereafter.
I believe that he must support at least my daughter until she is 18 years old. Who is right?
Kind regards, ***** *****
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.What capital is there and what income do you each have?Clare
Customer: replied 2 years ago.

There s no house or capital to consider. I have a part-time job in catering, earning £6,760 pa. My ex-husband is self-employed and I believe has net earnings of around £44,000 pa. Kind regards, Monica

Expert:  Clare replied 2 years ago.
Did you live together prior to the marriage and if so for how long
Customer: replied 2 years ago.

We lived together for just 6 months prior to the marriage. Kind regards, Monica

Expert:  Clare replied 2 years ago.
Does your ex have any other children in his household or who he pays maintenance for
Customer: replied 2 years ago.

No, he has no other children.

Expert:  Clare replied 2 years ago.
What contact does he have with the child
Customer: replied 2 years ago.

He lives with his parents and has my daughter to stay there every other weekend. Kind regards, Monca

Expert:  Clare replied 2 years ago.
He has to pay child maintenance at the rate of 12% of his gross income until the child is 18 - and you can apply to the CMS/CSA - there is no need to go back to the court for that.Technically he should also pay you spouse maintenance AS WELL - but you would have to go to court for that and you may decide that that is not worth while - but it is a personal choice only you can make.I hope that this is of assistance - please ask if you need further detailsClare
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