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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear Sirs My wife and I divorced last year and she is now

Customer Question

Dear Sirs

My wife and I divorced last year and she is now cohabiting with another man. The divorce has been amicable and capitals assets have been split although to date I have been able to only pay approx 50% of the sum agreed due to being unable to sell a large family property which will fund the remainder.

I earn £4300 per week and have so far been paying £1950 in maintenance for my ex wife, my daughter and a contribution to rent. The agreed period for the above has come to an end and I now wish to ensure we are fair. Pls can you advise what the maximum expected contributions would be for my daughter including normal living costs, a contribution to rent and private education.

Many thanks

Karl French
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

How old is your daughter?
Customer: replied 3 years ago.

Please be totally honest as it is important to me that I look after my family to the maximum I would be asked by a court.


 


My daughter will be 10 in June.

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I will be happy to assist you but I need some further information first.
What has the percentage division of the capital assets been and how much does your ex earn?
Claire
Customer: replied 3 years ago.

The split of assets was 60/40 in my favour, to date I have paid $750 with a balance of $400-$500 to be paid.


 


Unfortunately she is unable to work because of having moved to US to live with her boyfriend and her visa does not permit her to work.


 

Expert:  Clare replied 3 years ago.
Hi
Just to check - you are in the UK?
Claire
Customer: replied 3 years ago.

Hi Claire


 


We are not in the UK but divorced under UK law and both decided we wanted to agree things as though we were in the UK.

Expert:  Clare replied 3 years ago.
Hi
Please confirm your weekly income after tax
Claire
Customer: replied 3 years ago.

Hi Claire it is approx 4300 per week

Customer: replied 3 years ago.
Hi Claire I sent a repsonse form my phone so not sure if it went through. I earn £4300 per week after tax.

Regards

Karl
Expert:  Clare replied 3 years ago.
Hi
Your child maintenance liability would be at least 15% of your net income per week - possibly a little more given your rate of pay - or a little less if you are also covering private education.
Since your ex is now living with another man she would struggle to convince a court that she is still eligible for spouse maintenance - although I would have expected the capital division to be 50/50.
I hope this is of assistance - please ask if you need further information
Claire

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