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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35065
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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In a divorce case where a property is sold can a father offer

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In a divorce case where a property is sold can a father offer a 60-40 split on the house equity (instead of 50-50) to the children's mother be counted as a contribution towards child maintenance? Can this be used to off-set a CSA claim? Thank you
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It is unwise to do so as it is unenforceable and the mother can still apply to the CSA who will NOT give credit for the extra capital payment.
It is however a good way of excluding future claims for spouse maintenance if that is an issue
Please ask if you need further details
Customer: replied 4 years ago.

Thank you that is very helpful. In this case as the mothers income is 3 times that of the father and she is still determined to enforce a CSA claim, can a husband legitimately make a maintenance claim against the wife so that he can afford to rent a property once all outgoings plus the CSA claim mean that he has insufficient income to afford to rent a home.

What income do they each have and how old are the children?
Customer: replied 4 years ago.

His income is £23000 per annum hers is £56000 and the children are 17 and 12. Thank you

I am afraid that his claim for spouse maintenance is minimal on those figures - his liability for child maintenance is £268 a month at most
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