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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 pay my ex wife £51.43 a week as part of a divorce settlement

Resolved Question:

I pay my ex wife £51.43 a week as part of a divorce settlement and have done for over 3 years every week not missing one payment. I have my daughter a minimum of 2 nights a week and i provide clothes, shoes school uniform etc... my ex provides nothing for me. I also save £10 a week for her in an ISA.
I have a baby due on the 13th of April and my wife will only be bringing statutory maternity pay into the house as she's a contractor. I am also a contractor so we will be living on my wage for the next 9 - 12 months.
Am i entitled to drop the maintenance money and the other question is if my ex goes on holiday for a week and leaves my daughter with me for those 7 nights, do i still have to pay her the money as it's just going on spends for her hols.
Thanks
Craig
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.What is your gross annual income?
Customer: replied 1 year ago.
Hi Clare,I am a limited company, I take £150 a week as a wage and £850 as a dividend.BTW my ex works part time and is also getting married in November. She currently lives with her partner as well.RegardsCraig
Expert:  Clare replied 1 year ago.
Is that £850 a month?
Customer: replied 1 year ago.
No that's a week.My accountant did the figures for the CSA calculations using exactly the figures you have and it came out at £51.43, nothing has changed in those 3 years.I just want to know if i can drop it it as realistically it's not being spent on my daughter, its funding my ex's holidays and nights out as i have my daughter most weekends and i have another baby on the way.Thanks :)
Expert:  Clare replied 1 year ago.
Actually there have been changes - none of the things that you buy her would be taken into accountYour liability once the baby is born under the newest rules is 12% of 89% of your gross income form all sources (including dividends) less a 2/7th reduction for the time you have your daughter in your care each week.I make that considerably more than £52 a week so it would be most unwise to apply to the court for a downward variation.equally I am afraid that the weekly payment is due no matter who the child is with that week.I am sorry not to give better news - please ask if you need further details
Customer: replied 1 year ago.
is this the case even if there is going to be another child in the household??
Expert:  Clare replied 1 year ago.
Yes I have based it on that - otherwise it would be 12% of 100%
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
ok.Thanks for your help
Expert:  Clare replied 1 year ago.
You are most wleocme