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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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I am in the process of divorcing my wife and need to agree

Resolved Question:

I am in the process of divorcing my wife and need to agree the terms of the monthly maintenance/ aliment payments she should receive. We have one dependant under the age of 16. HOw are these payments calculated?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Is this just child maintenance or are you planning on paying spousal maintenance too?
What is your gross weekly wage, how many nights per year will your child stay with you and do you get any state benefits?
Customer: replied 2 years ago.

Hi,

This would be spousal maintenance too. I earn c. £5k NET per month. The child does not stay with me - we live close by and I see him at least twice a week but he sleeps at the marital home. I don't receive any benefits.

Thanks very much.

Best regards,

Tim

Expert:  JGM replied 2 years ago.
What is your gross income?
Customer: replied 2 years ago.

Its difficult to calculate as I am self employed and pay myself a net figure per month and based upon the company's performance I declare a mix of salary and dividends to the revenue. I guess the figure would be around £90,000 gross?

I also receive interest on mezzanine loans I have put into the business of c. £10,000 per annum as well, however these could be repaid at any time. Sorry this is complicated!

Expert:  JGM replied 2 years ago.
Thanks for your reply. Based on that your child maintenance assessment would be £180 per week.
More difficult is the assessment of spousal maintenance, known as periodical allowance in Scotland. The amount of that is not calculated by way of a formula and is fairly subjective. It depends on what assets your wife is getting from the marriage by way of property, money, pensions etc. Normally there would be an equal split of assets acquired during the marriage. It also depends on her earnings and what each of your respective expenditures are.
The phrase used in the legislation is an amount calculated with reference to the "needs and resources" of the parties.
A periodical allowance could be cancelled out completely by a lump sum payment. If periodical allowance is to be paid it would not normally be paid for more than three years from the date of divorce.
So an assessment would need to made by taking (net this time) your respective incomes and expenditures to see what the net income less expenditure figure is for each of you. Your contribution to your wife should be geared to equalising any shortfall.
That is the position very broadly. More detail would be needed for me to reach a more accurate assessment.
In the meantime I hope that helps.
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