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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I moved out of the marital 'rented' home 4 months ago having

Resolved Question:

Hi, I moved out of the marital 'rented' home 4 months ago having lived in the spare room for the past 2 years due to irretrievable breakdown in my marriage. I am now living with my partner and our relationship is going well.I am now confident in going forward with divorce/residency and finances. I have been paying my husband in region of £1500 - £1000 a month, of which I have been doing in the 8 years of living at the property. I earn 25K a year and he earns a similar amount., his new partner has moved into the property and I have dropped payments, last payment of £1000, I have suggested further drop to £500 a month in line with CSA calculations, he is insisting in no change to finances and that he has custody of our 10 year old son, allowing me to have him weekly on a wednesday after school and overnight and then every other weekend. I have said that I wish for 50:50 custody and that no monies need to exchange hands. He says I don't have any right to have our son and that he doesn't want to live with me. Where do I stand legally?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully answer your question.-Has there been a formal CSA calculation? Where did you obtain the figure of £500 a month child maintenance as that is too high for a gross salary of £25,000?-Are there any court orders in relation to the periodical payments you have been making to him?-What have the arrangements been for your son since you left the home?-Who receives child benefit and tax credit for your son?
Customer: replied 1 year ago.
Thank you for your quick response.- No there isn't a formal csa calculation. I see the online calculator which gave a figure of £56 per week. I then rounded up for good will and added the child benefit and rounded up that too, hence the £500 figure.
- No there are not any court orders
- As stated in my initial question, my husband really is not the easiest person to deal with when it comes to our son. I am a professional and my work has over the years taken priority - sadly I am paying for that now.
- I receive the child benefit, we have not been entitled to tax credits.
Expert:  Harris replied 1 year ago.
Thank you. £56 per week would mean £224 every 4 weeks or £242 per calendar month. Therefore your proposal for £500 per month child maintenance is over double the legal liability. As there are no court orders in place, you have no obligation to pay any spousal maintenance to your husband, and I would suggest that you do not do so until you have full and frank disclosure in relation to his income position and reasonable outgoings. If you are on a similar income with similar needs then there is argument that you should not be paying any spousal maintenance, and definitely not what you have outlined as £1-1,500 per month which appears to be highly unreasonable given your income of £25,000 per year. As you have now left the former matrimonial home it will be for your husband to solely meet the outgoings on the home and your finances preclude you from funding this as you have your own needs to meet. In relation to the child arrangements, it is not for him to decide how to regulate this and if there are no concerns and you are able to meet arrangements on a shared care basis, then this should take place. Your son is too young to make his own decisions regarding the arrangements.Given the potential contentious nature of this matter I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in your son's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the children matter.The mediator can also assist in relation to the financial matter and if there is no agreement and your husband continues to seek finances from you it will be for him to pursue an application to court.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
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Customer: replied 1 year ago.
Thank you for your advice. As you can appreciate my funds are low and I am therefore unable to go forward.
THank you for your time.
Expert:  Harris replied 1 year ago.
No worries, I hope it goes well and do feel free to return if you have any questions in the future. You can ask for me directly by starting your question For Harris