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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35063
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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Child Maintenance Payments

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Hi. I am a divorced man with three children of school age who live with my ex wife. When working out how much maintenance to pay for my three children, what is included in the calculation? I get bonus, travel and overtime on top of my basic pay, so are any of these earnings included when working out  how much I need to pay?There are also times in between contracts when i am not working so am I liable to pay for the weeks I'm out of work and not earning? Am I also legally obliged to pay the mortgage for the house my ex and children live in on top of any maintenance amount or would it be included in that figure?

Thank you for your question.
My name is ***** ***** I will do my best to help you.
Child maintenance is based on your annual gross income (although refunded travel expenses would not be included.
You can find out more about the assessment here
You are not expected to also [ay the mortgage - unless that has been agreed as part or instead of spouse maintenance
Please ask if you need further details
Customer: replied 3 years ago.

Thank you for your reply. As a contractor i am sometimes not working between contracts what happens when i am not in work, am i legally liable to pay maintenance in these periods?

The maintenance will be based on your annual earnings so yes you will be expected to do so - unless you would rather pay more during the contract and less when there is no work
Customer: replied 3 years ago.

Thank you for your help. My rating is based on the length of time it took to get an initial reply from Just ask and not on any dissatisfaction regarding your response to my questions.

I am sorry that you feel that my service was poor meaning that I get no credit for my time and which is not necessary for and does not trigger a refund.
if you and your ex are agreeing what child maintenance you will be paying then the appropriate approach is to base the calculation on what you paid last year and pay that on a monthly basis - whether or not you are in work that month - and whether or not you earn considerably more one month or not
This the approach that the CMS will take should a formal assessment be made.
The other option is to agree that you will pay percentage of each tranche of income - plus £5 a week when you are not in employment - but that will entail giving your ex access to your income details on a monthly basis
Clare and other Family Law Specialists are ready to help you
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PS - I am sorry about the delay - I went to see the poppies!