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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have separated from my partner and we have a son together.

Customer Question

I have separated from my partner and we have a son together. My question is regarding child maintenance, I have read that variation scheme takes into consideration debt and travel costs. She too fourth thousand pounds from me through various payments when we were together to build up a cottage , though no legal contract but have an email stating it was debt she was owed to you and took ten thousand of my friends which I had to pay back- would this be considered as debt and be legally considered into child maintenance deduction?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
I am afraid that the variation scheme you refer to is if you have debts that you took on prior to the separation, and which were for the benefit of the family, and which you are still repaying.
Her having a debt to you does not reduce your liability for child maintenance or reduce the amount you legally have to pay.
If you are able to provide me with your gross income, how many nights a week your child stays with you, and if you have any other children in your household so that I can provide you with the legal amount you should be paying.
Please let me know if you have any further questions regarding this.
Harris and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your response- though I was surprised to hear the answer as when i spoke to the variation scheme , they said that they would look into this and consider it. Just to elucidate the money given from my own account to her account was done before the separation. Although I have no contract, the only evidence I have is an email from herself acknowledging this money as a debt owed. In the previous year she took ten thousand from two friends who made an agreement with her and again have only emails to show it was a loan between them and her . She failed to
Pay the money back and I had to pay back, the payments for that started few months before the separation. So idiot possible that someone can rob you of all this money and nothing is taken into consideration?
Regarding maintenance my last year salary missus pension was 120,000 which included bonuses, which I wouldn't be getting this year( salary without bonus is 95,000). I have him one to two nights a week and I have to drive sixty miles one way to pick him. ( so a pick and collection would entail 240 miles). Please inform me then kindly what my maintenance estimate would be?
Customer: replied 1 year ago.
Sorry I wanted to edit that sentence it was meant to say " so is it possible " but it's written idiot / typo error- please forgive me.
Expert:  Harris replied 1 year ago.
I still don't agree that it will be taken into consideration for child maintenance purposes. This should be pursued as a separate matter through the civil courts and if she continues to not repay the amount you can make a money claim against her.
Child maintenance is based on your taxable income, therefore on a gross salary of £95,000, and your child staying with you 1-2 days a week (therefore on average between 52-103 days a year) your liability for child maintenance is £161 per week.
If your salary were to increase to £120,000 with bonus, your liability would be £199 per week.
As your travel for contact is exceptional to take place, your travel costs will be deducted from your child maintenance liability.