How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34889
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

My husband wants to leave me and our 1 year old son. We have

Customer Question

My husband wants to leave me and our 1 year old son. We have a house with a large morgage. I work part time. What are my rights with regads to maintence etc.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage?
What income do you each have?
Customer: replied 4 years ago.

the house is worth3 hundred thousand pounds. mortage is one hundred and nintyfive thousand. My husband earns 70 thousand ayear and I earn approx. 2thousand a month commission based. My basic wage is 900 a month. I have only been working a few months with this company.

Expert:  Clare replied 4 years ago.
How much would a two bedroom property in the same general area cost?
Customer: replied 4 years ago.

the only property with 2 bedrooms for sale locally is priced at 2hundred and 95 thousand. Also what sort of maintenance would I can expect for my son.

Expert:  Clare replied 4 years ago.
The priority for the family court is the safe and secure housing of the child until the child is 18 and on that basis it is likely that you will be able to remain in the house until then - or until you cohabit.
Your ex will have to pay child maintenance at the moment the rate is 15% of his net income although will be changing to 12% of gross in the next few months.
You are also likely to be entitled to spouse maintenance given the difference in your incomes although it is more difficult to assess how much that might be - and indeed you may choose to trade it in for a larger share of the equity when the house is eventually sold
I hope that this is of assistance - please ask if you need further information