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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I have separated. We have a sixteen year old

Customer Question

My husband and I have separated. We have a sixteen year old son in full time education who stays with both of us across the week. My husband has a full time job and has managed to buy himself a home. I am working for a supply teaching agency and have therefore only been able to rent my flat. I am trying to get a permanent full time job again. In my previous job I was affected by the behavior of my husband and had to move on from it to get a fresh start. Am I entitled to maintenance for when our son stays with me?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. To fully answer your question please confirm:-Are you in England or Wales?-What are the exact arrangements (days that he stays with both of you)-Is your son studying A-Levels or on a government training course?-Are you intending on obtaining a divorce?
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please could you provide the requested information so that I can assist you.
Customer: replied 1 year ago.
I am in England.
He stays with me for about four days a week and then four with his Dad.
He is doing A levels.
It might be a divorce in a year and a half when our son has done his A levels.
Expert:  Harris replied 1 year ago.
Thank you. In terms of child maintenance, you could potentially submit an application for child maintenance to the CMS if the living arrangement are unequal - so if he spends more time with you and the father does not deal with day to day matters for your son, then you would be able to claim child maintenance.In terms of wider financial support, as part of a divorce you will need to reach a financial settlement, initially this should be attempted either through negotiations or mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions). Once the Decree Nisi is granted for the court to assess whether it is a fair settlement for everyone.If this does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering the following criteria:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.