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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1930
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Do I have to pay have the mortgage payment as well as child

Resolved Question:

Do I have to pay have the mortgage payment as well as child maintenance? I pay 400 a month maintenance and I have my own rent at the moment of 600 plus the usual bills of council tax, water, gas, electric, Tv license etc.
Submitted: 4 months ago.
Category: Family Law
Expert:  Harris replied 4 months ago.

Hi, thanks for your further question. If she has not remarried and there is no financial court order arising out of the marriage she would be entitled to seek financial relief from you if she cannot meet her reasonable needs - this will also consider the matrimonial assets.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 4 months ago.
thanks she hasn't remarried yet as we haven't had the divorce finalised yet, she is going to buy me out of the mortgage with an agreed some, she kept everything in the house I left with nothing.
Expert:  Harris replied 4 months ago.

Thank you - you will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1930
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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