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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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Hi, I have separated from my partner, we have two children

Customer Question

Hi, I have separated from my partner, we have two children aged 5 & 7 and are sharing child care equally between us. I have remained in the family property and my partner has purchased a new property.I am comfortable with paying her 50% share in the value of the family property.
My partner is requesting further support on a monthly basis from me. Can you signpost me to where I can find further advice on this please? We are sharing the children equally, therefore what is the further support for? I earn more than she does - is she entitled to half the difference between our earnings? or is she entitled to a contribution that ensures she has a certain standard of living?
thanks *****
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I take you aren't married. There is no legal duty on you to support your ex partner. That being the case the only other issue is child maintenance. Even though you are sharing the care of the children equally, the party who receives child allowance for the children is entitled to child maintenance.
The way this is calculated is in accordance with the child maintenance calculator as follows:
https://www.gov.uk/calculate-your-child-maintenance
Please have a look at this link and come back to me with any further issues.
Customer: replied 2 years ago.

Hi,

thanks for the prompt response. correct, I should have said, we weren't married.

my ex partner worked part time for 7 years, she is claiming that she is entitled to half or a share of my pension as her contributions were reduced during this period - is this the case, how do I gain clarity on what she is owed?

so I gather that maintenance isn't related to the difference in our incomes or any minimum standard of living - simply the government link you provided (appreciated). as we have 50/50 share, how does child allowance (which she currently retains in full) and childcare vouchers (which I claim in full from my salary) fit into the calculation? I guess within that, should we split the cost of childcare 50/50 too then?

thanks, ***** ***** to your response.

Ken

Expert:  JGM replied 2 years ago.
As far as child care is concerned, if she gets the child allowance, then you pay half the child maintenance per the formula.
As far as pensions are concerned, there is no law that allows her to get a share of your pension. There is a law, however, that allows her to make a capital claim against you by way of "compensation" for any disadvantage or sacrifice suffered by her in your interests or in the interests of the family. See section 28 of the Family Law (Scotland) Act 2006. That may be what she is referring to.
You can also look online at the case of Gow v Grant in the Supreme Court which will let you see the operation of this section. It is, however, a capital based remedy, nothing to do with income.

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