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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2733
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Further to my recent enquiry about the isle of man some

Resolved Question:

Further to my recent enquiry about the isle of man some further detailsA) I own a house that is let out. The mortgage is buy to let in my name only. 25-30k equity. We lived there together briefly in 2009. Rental income has paid the mortgage
B) we've been living in a house together since 2009 until recently. The mortgage is her name but we have been paying the mortgage jointly. There's is 100k equity and 18k deposit was gifted by her parents.
C) I have 60k in a limited company business account.
D) I own and live in a flat that has 10k equity. The mortgage is in my nameCan I claim half the equity of the house in b if sold?Can she claim a stake in any of on A) C) or D)?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for the further question. I will require some more information:-Are you/were you married?-Are there any formal agreements between you?-Is she the main carer for the child? What are the arrangements for you to see the child?
Customer: replied 1 year ago.
Not married no formal agreements.No formal child arrangements in place to see child. Shes planning on selling the main house and move to the isle of man with equity and then take whatever she can from the other assets
Expert:  Harris replied 1 year ago.
Thank you. As there are no formal agreements, and you are not married - each party is not entitled to claim against the other's property - except in order to suitably house any children that they have had together. As you are not the child's main carer, you will not be able to make a claim against her property (b).She will also not be able to make a claim against your property and business assets (a),(c) and (d), unless she claims that she is unable to suitably house herself for the benefit of the child - which is unlikely if she has £100k equity in her property.Aside from this, she will be able to make a child maintenance claim against you which is calculated on your gross income, how many nights on average your child stays over with you, and if there are any other children in your care - if you wish to obtain the calculation for this please confirm these details.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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Customer: replied 1 year ago.
My understanding is the isle of man is not covered by the CSA and therefore in theory I don't have to give her an allowance if she moves there?. If she decides to stay how much will I have to pay on 70k income please? (10k via salary and the rest is dividends)
Expert:  Harris replied 1 year ago.
Thanks - you are correct if she does move to Isle of Man the CSA/CMS will not deal with an application from her, but she will be able to apply to an English court for child maintenance (same application if she were to pursue financial matters for housing needs described previously).The CSA/CMS calculation gives the legal amount you will be liable for, based on a £70k gross salary, only one child, no other children in your care and on average the child stays over with you less than once a week to be £145 per week. If he stays over with you more than once a week on average the liability is decreased in proportion.
Customer: replied 1 year ago.
Is there anything I can do now eg pension contributions to limit my monthly maintenance payment please?
Expert:  Harris replied 1 year ago.
It is calculated on your gross taxable income, so pension contributions will impact the gross figure - so if you were paying higher contributions to your pension, your gross taxable income will be lower. You can read more detailed guidance on the CMS here - income calculations start at page 7 - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325219/how-we-work-out-child-maintenance.pdf