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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, I am in the process of separating from my husband (decree

Customer Question

Hello, I am in the process of separating from my husband (decree Nisi is complete) and we are trying to work out the maintenance amount. He has recently decided to accept voluntary redundancy and has advised me that I am not eligible for any of the redundancy pay out (approx £80,000). He is thinking of going into his own business and so has said he won't be able to confirm his monthly income straight away and even if/when the business starts up it will probably make a loss in the first year and so won't be able to pay maintenance. Please can you advise me on what I would be eligible to receive in this circumstance.
Many thanks, Liz
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
What other assets and debts are there and what income do you have?
Clare
Customer: replied 2 years ago.


Hello Clare, I was married for 15 years and have two children. The children will reside with me for 11 out of 14 days. I do have an income as I work full time. I earn approx £50K per year. We don't have debts but our assets is the equity on our house which we have agreed to split 50/50.

Expert:  Clare replied 2 years ago.
Hi
So it is child maintenance you are enquiring about?
What is the equity in the house and are you staying there or moving?
Clare
Customer: replied 2 years ago.

hello, the equity is about £150k. Yes the house is now for sale . Yes I would like to know if my partner should still pay maintenance to me and if I am eligible for any of his redundancy pay out because he is indicating that he is not going to settle child expenses for anything while they are in my care.

Customer: replied 2 years ago.


hello ..just wondered if you have seen my reply. Please can you indicate when you will be able to reply.

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
May I ask - do you actively want to move, and again ( for clarity ) you are asking if he should be paying you child maintenance - is there any reason why he should not?
Clare
Customer: replied 2 years ago.


I am asking about child maintenance because he is losing his job and saying that he wont have a salary therefore not able to pay maintenance even though he will receive redundancy as per my initial question.This is what he is telling me and I wanted to check with you to find out if he is correct. Yes we are selling the house because we cant afford to pay the mortgage as well as buy/ rent somewhere else the other one to live in.

Expert:  Clare replied 2 years ago.
Hi
You do know that in fact his housing needs would not be relevant if you wished to remain in the property especially as he is receiving a large lump sum in Redundancy payment?
However with regard to Child Maintenance - yes he does have to pay maintenance - as 12% of his gross income from all sources
Unfortunately he does not have to use his Redundancy pay to pay it - which is why it is better used to gain you a larger share of the equity
I hope that this is of some assistance - please ask if you need further details
Clare

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