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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son and his wife have separated. They have one child together.

Customer Question

My son and his wife have separated. They have one child together. She earns £45,000 a year, he earns £30,000. What will he be expected to pay towards his child bearing in mind his wife earns £15,000 a year more than him and also has £80 a month child benefit.
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Please give me the following information.

Do they own a property?

If they have a mortgage how much is outstanding?

How long together?

Other assets or pensions, savings, etc?

Customer: replied 5 years ago.

Yes they own a property. He has signed it over to her although he has equity in it.


They have been together 12 years


They both have pensionable jobs. No savings although she has several debts in her name. Not sure how much mortgage is outstanding, possibly £140,000. They have had the house three to four years only.

Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
If the child lives with the mother your son will have to pay 15% of his net salary by way of child maintenance.
This will be reduced if he has the child overnight for more than 52 nights a year
Customer: replied 5 years ago.

My son is living alone as there is no other party involved in the split having to pay the same in rent as his wife is paying in mortgage £700 per month and also has the same bills. Can he claim for his equity in the house as he put half of the deposit down at the time of purchase and the price has increased since they bought it. He has also done lots of the work to the property himself and paid for this himself. He sees his son three a four times a week and feeds him and has him to stay atleast once a week, sometimes more. Surely he will not have to pay 15% when she already has £15,000 more a year to play with than he has anyway. He buys the child clothes and takes him out to places when he is visiting. He i

Expert:  Clare replied 5 years ago.
Sadly if they cannot reach an agreement and his ex applies to the CSA the difference in their incomes makes no difference
He can calculate it more accurately using the information here
So far as the house is concerned how much is it worth and how much is outstanding on the mortgage?
When and why did he transfer it to his ex?
Customer: replied 5 years ago.

He transferred it to her just before he left the house. He took his name off the mortgage as he felt she would run up debts and may lose the house and he didn't want his name connected to this. He has never had any debt at all, not even for a car, he always saved for what he wanted and bought it outright. He has paid half of everything since they set up home together, even when they were in rented. It was his wife who wanted the separation, not him.

Expert:  Clare replied 5 years ago.
How much is it worth and how much is outstanding on the mortgage?
Customer: replied 5 years ago.

He has paid off her debts in the past but refused to do this in 2012 when she racked up the latest debt.


They bought the house in 2010 for £185,000, the amount they requested for the mortgage was £125,000 which meant they put £600,00 down as deposit, each paying £30,000. The property is now worth £225,000. As it was only bought in 2010 I think the full mortgage will be still outstanding, minus a few hundred pounds as we all know that mortgages don't start to come down for at least half the term of the time borrowed for as the interest is being paid off first.

Expert:  Clare replied 5 years ago.
Are they considering divorce proceedings?
Customer: replied 5 years ago.

It has been talked about but I think things are on hold on that front at the moment, but it may happen sometime this year.

Expert:  Clare replied 5 years ago.
Within the eventual divorce proceedings your son will still be able to make a claim on the equity in the property