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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2788
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I hearn 12000 he hearn £72000 How much he should pay me for

Customer Question

I hearn 12000 he hearn £72000
How much he should pay me for spouse maintenance?
Can I claim joint life? If I can't
How long should him pay for spouse maintenance?
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
I get working tax credits and child tax credit. When I have my own house I am not sure if I am going to loose all the benefits
Can you please give me some information about it?
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?

Customer: replied 11 months ago.
We are 51 and 48yrs
Live together 10yrs, married 7yrs
1 child he is 10 yrs
Have a house here mortgage and overseas
Customer: replied 11 months ago.
Son live with me he proposed £150 weekly maintenance
Expert:  Harris replied 11 months ago.

What are the values of the homes and the outstanding mortgages?

Customer: replied 11 months ago.
163;195 000 and mortagged £93000
Expert:  Harris replied 11 months ago.

What is your true earning capacity and what are your qualifications?

How often, on average, will your son stay overnight with him each week?

Customer: replied 11 months ago.
12000 year no qualifications
Expert:  Harris replied 11 months ago.

Is that benefits or earned income? Are you maximising all your benefits entitlements (if appropriate?)

Customer: replied 11 months ago.
Never he works overseas
Expert:  Harris replied 11 months ago.

Do you obtain any benefits?

Customer: replied 11 months ago.
That is included working tax credits and child tax credit
Customer: replied 11 months ago.
Can you answer my question now please?
Expert:  Harris replied 11 months ago.

Thanks.

Firstly in relation to child maintenance, £150 per week is an appropriate amount based on a £72,000 income.

Given that your income capacity is low you would be in a good position to seek spousal maintenance to meet your reasonable needs but your husband is likely to wish for you to make all efforts to try to maximise your income, but if this is not possible it would be appropriate to seek a life term maintenance. The amount that you could reasonably seek is the difference between what your reasonable monthly outgoings are and what your monthly income is.

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 11 months ago.
He made an offer £400 monthly just for 4yrs,
Is that amount reasonable?
Expert:  Harris replied 11 months ago.

What are your reasonable outgoings each month (rent, bills, groceries etc)?

Customer: replied 11 months ago.
About £900 including my son activities
Customer: replied 11 months ago.
As I said he paid £125 weekly for our son
And pr £150 if I am not going to the final hearing.
Expert:  Harris replied 11 months ago.

The amount would appear to be reasonable as your total income, including child maintenance will be £2050, however, 4 years may not be sufficient given that you have no ability to increase your income.

Customer: replied 11 months ago.
Is it possible to have lifetime maintenance
If I have house overseas and he offered to give me 100k?
Customer: replied 11 months ago.
Or I risk to loose his offers if I am going to the final hearing?
Expert:  Harris replied 11 months ago.

Instead of having a lifetime spousal maintenance amount he could consider providing you a lump sum to capitalise this - so if the £100,000 is instead of spousal maintenance, it would be the equivalent of 20 years spousal maintenance at the rate of £400 per month - but this should not be instead of a fair split of all assets.

Customer: replied 11 months ago.
He is already offerd the lump sum but I think he's hidden of capital ,spent about £50000 on credit cards for 8or 9 month.
Is the Court take concideration of that spending?
Expert:  Harris replied 11 months ago.

Yes, such spending should be disclosed and the court has the power to divide assets more in your favour if it is found that he did this intentionally to prevent you obtaining a fair share.

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

Expert:  Harris replied 11 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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