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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good morning, I am married now 4 years and have

Customer Question

Good morning,
I am married now for almost 4 years and have a 2 year old boy with my wife. Thing are not working out as it should be and it been going on for a while now. Last night i was asked to leave and find myself another place to stay. Today she said we need to get divorced and basically saying i will pay lime never before.
We are currently living in her dads house which he bought and i was paying the mortgage to take it over next year. I currently pay £460 a month for the place and i am the only one working. My wife is starting a new job job this week with Next and will be working 15 hours a week at £6.70 a hour.
I work and get paid through my LTD company, my day rate is £240 a day and i do 5 days a week and no overtime.
What can is required from me as a dad and soon to be ex husband to pay on a monthly or weekly basis.
I am looking to rent a 3 bed house with a friend which will be £1300 per month, i want to have a room for my boy when he come visit weekends etc.
My wife is fit and healthy and can work full time but dont want to, her family is very welloff and i think they all want to make me pay.
Can i just be kicked out and what rights do i have. I dont mind paying for my son but dont really want to fund her smoking habit and spending sprees.
Please help.
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 much is the house worth and how much is outstanding on the mortgage?
Is your day rate what you are paid for the work, or just what you decide to take from your company?
Clare
Customer: replied 2 years ago.

Hi,

Im not sure what you dont understand from my email. I dont own the house her dad does and i pay the mortgage amount as rent. I also don't own a proper business, just get paid through a ltd company account and sort my own taxes out at the end of the year. Just for the record the house is worth 250k and there us about 170k outstanding. My wifes grandma gave money for a big deposit. All i want to know is hiw much money could be paying for my child and spouse maintenance, and if i even have to pay spou maintenance. She started a job as explained in previous email. I dont have much time as i need to move out bec my wife wants me out before end of the weekend

Expert:  Clare replied 2 years ago.
Hi
Thank you for that extra information
The first thing to say is that you cannot be forced to leave the property unless there is a Court Order as a result of violence
However if you are willing to move out then you are liable for Child Maintenance at the rate of 11% of your Gross income - so £132 a week, with a reduction if you have the child overnight one night or more a week.
It is is unlikely although not impossible that you will have to pay spouse maintenance - but if you do it will be very limited.
The fact that you have been paying the mortgage on the property may mean that you do in fact have a financial claim on it
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks Clare,

If you say it is unlikely to pay spouse maintenance, can you maybe explain a bit more why you say so. Do i not have to make sure she can provide a house etc for my child. If you say very limited what kinda figure are we talking about (very rough guess)

Thanks so much for your help!

Expert:  Clare replied 2 years ago.
Hi
You do not own a house so there is no housing provision that you can make.
Once your wife has applied for all possible benefits her income will not be a great deal less than yours - indeed possibly more, once your liability for tax and insurance is taken into account.
If you do have to pay spouse maintenance the worst case scenario would be in the region of £50 a week
Clare