You have a
six-year-old son and you are both under a duty to provide a home for the child
until age to 18. In that respect therefore the judge is likely to order that
she can live in the house, if she has day-to-day care of your son, until he is
The house would
then be sold under the proceeds divided and as the house was yours before you
married, that would form the basis for the percentage split.
The judge would
not order the house sold now unless a sale would release enough money to give
you some and buy a house to provide a home for her and the child until 18.
are not responsible for the mortgage or the bills of a house that you do not
live in and she must pay that although the lender will chase you if she does
not pay it. You are liable to pay child maintenance at the CSA rates and may
have to pay maintenance for the 16-year-old if you have treated the child as
your own and the natural father does not pay.
CSA rates of child maintenance for a non resident parent earning £200-£800
per week nett, are 12% for one child, 16%
for 2 and 19% for 3 or more children living 100% with the resident parent. That
is reduced by 1/7 for each 52 nights the child stays with the non-resident
parent. There is also a reduction in the non-resident parent is responsible for
other children. The rates increase for higher earners and decrease for low
CSA child maintenance is payable till the children reach 20 years old or leave
full-time non-advanced education. Non-advanced education is generally classed
as a level, not University, but there are some further education courses which
are not classed as advanced. Full-time courses can be as little as 12 hours per
education courses include: a degree,Diploma of Higher
Education (DHE), NVQ level 4 or above, BTEC Higher National Certificate (HNC)
or Higher National Diploma (HND), teacher
'Non-advanced' education includes
the following: GCSEs, A levels
NVQ/SVQ level 1, 2 or 3, BTEC National Diploma, National Certificate and 1st
Diploma, SCE higher grade or similar
The CSA booklet is here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85746/how-we-work-out-child-maintenance.pdf
Which contains lots more info
on what you earn, and what she earns, there is a
possibility of a liability for spousal maintenance, maintenance paid to keep a
spouse , as opposed to children. Although most commonly paid from husband to
wife, that is not necessarily the case. Spousal maintenance is based on both
incomes, ability to earn money, previous lifestyles and most importantly, need.
It is not about equalising incomes. There is no exact formula, but these links
will give some reading..
the issue of child contact is nothing whatsoever to do
with child maintenance and whether you pay it or not. She will not be able to
stop you having contact with your child. A resident parent will not be able to avoid a
non-resident parent seeing the child and if the resident parent refuses
point-blank, the matter will end up in court. The resident parent would be
better offering some contact. They
should both try to resolve matters using family mediation http://www.familymediationhelpline.co.uk/find-service.php
it is quicker and less confrontational than court it isnt necessarily cheaper
If this fails then the non-resident parent being denied
contact can then apply to the court for a defined contact order which will
The necessary forms are available on the here
Does that answer your questions?
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