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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 24612
Experience:  Senior Partner at Berkson Wallace
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I am separated from my husband of 20 years, we have three

Customer Question

Hi, I am separated from my husband of 20 years , we have three dependant children and I mortgage , he has been paying maintenance until last month the amount was agreed by both, what I need to know now is how much should he be paying me , he had stated a new job last week he was previously self employed, can you help ?
JA: What steps has he taken? Has he filed any papers in family court?
Customer: no not that I am aware of
JA: Has he talked to a lawyer about this yet?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: he has access to the kids but they never satay over night
Submitted: 16 days ago.
Category: Family Law
Expert:  Stuart J replied 16 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you asking for spousal maintainance?

and are you legally separated?

Customer: replied 16 days ago.
Hi,
We are not legally separated but have has not lived in the family home for just over 12 month’s, I need to know what he should be paying for the children and also if the mortgage we have together is included in that payment.
Expert:  Stuart J replied 16 days ago.

He is obliged to pay child maintenance at the CMS rates which are here

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

Do read the whole document but the basic rates start at the top of page 18.

Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.

There is a possibility of a liability for spousal maintenance, maintenance paid to keep a spouse , as opposed to children. Although most commonly paid from husband to wife, that is not necessarily the case. Spousal maintenance is based on both incomes, ability to earn money, previous lifestyles and most importantly, need. It is not about equalising incomes. There is no exact formula, but these links will give some reading..

https://www.blbsolicitors.co.uk/blog/spousal-maintenance-how-much-and-for-how-long/

and

http://www.familylawweek.co.uk/site.aspx?i=ed33597

and

https://family.findlaw.com/divorce/questionnaire-are-you-entitled-to-alimony-spousal-support.html

And here is an interesting and informative article with regard to the division of finances in general

http://www.lawteacher.net/family-law/cases/financial-matters-on-divorce.php

And finally, here is an article what happens to inheritance in the event of a

divorce:

http://www.marilynstowe.co.uk/2011/05/18/what-happens-to-an-inheritance-in-the-event-of-divorce/

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards