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: 34900
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

I was married 18 months before divorce and now have

This answer was rated:

I was married for only 18 months before divorce and now have custody of my 3-yr old daughter. My ex-husband (the father) claims that he does not have to financially support either of us for any longer than the length of the marriage (18 months). He has been paying £60 per week for the first 12 months after the divorce but is now trying to get me to accept a one-off "full and final payment" of £1000, with nothing thereafter.
I believe that he must support at least my daughter until she is 18 years old. Who is right?
Kind regards, ***** *****
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.What capital is there and what income do you each have?Clare
Customer: replied 2 years ago.

There s no house or capital to consider. I have a part-time job in catering, earning £6,760 pa. My ex-husband is self-employed and I believe has net earnings of around £44,000 pa. Kind regards, Monica

Did you live together prior to the marriage and if so for how long
Customer: replied 2 years ago.

We lived together for just 6 months prior to the marriage. Kind regards, Monica

Does your ex have any other children in his household or who he pays maintenance for
Customer: replied 2 years ago.

No, he has no other children.

What contact does he have with the child
Customer: replied 2 years ago.

He lives with his parents and has my daughter to stay there every other weekend. Kind regards, Monca

He has to pay child maintenance at the rate of 12% of his gross income until the child is 18 - and you can apply to the CMS/CSA - there is no need to go back to the court for that.Technically he should also pay you spouse maintenance AS WELL - but you would have to go to court for that and you may decide that that is not worth while - but it is a personal choice only you can make.I hope that this is of assistance - please ask if you need further detailsClare
Clare and other Family Law Specialists are ready to help you