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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Dear All, I split from my ex partner in April 2014, we sold

Customer Question

Dear All,
I split from my ex partner in April 2014, we sold our property together in May and received £90k profit each. I jointly bought a property with her in October 2014 at a cost of £150k to myself and £70k to her and I pay the mortgage on it. Which is repayment based and is circa £1k a month. I put the property in 50% ownership based on share ownership so appreciate I have lost that differential in the separation - my question is this - I earn circa £250k a year and have two children with her, I also now live with a new partner and have a new child. What is the correct amount I should be paying as currently I give her £1600 a month, plus £500 on her car and the £1k mortgage. I also pay their private school fees as well all their after school activities above the cash mentioned above.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information to fully assist you:-Are/were you married to each other?-Is £250k your gross taxable income (therefore after pension contributions?)-How often each week, on average, do the two children stay overnight with you?
Customer: replied 1 year ago.
The children on average every other weekend and one week night every week.I was never married.That is my gross income of which £175k is bonus.
Expert:  Harris replied 1 year ago.
Thank you. On a £250,000 gross income, one other child being in your care, and the other two children staying with you between 1-2 nights per week your legal liability is £302 per week (or £1,309 per calendar month). If the nights they stay over with you increase to 2-3 nights a week (so if there are further holiday stays that you have, this will take you into this bracket), your legal liability will be £252 per week (or £1092 per calendar month).Anything above this (so school fees, car payments, mortgage and other payments) are not your legal liability and are voluntary payments for the time-being.Given that your salary is in excess of £104,000 per year, she will be entitled to pursue an application to court to top-up the legal liability in order to meet the children's needs. She will also be able to make a court application separately in order to claim funds for their school fees and housing needs.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Why £104 I thought it was over £168kDo I not have a legal commitment to house and provide a car?
Expert:  Harris replied 1 year ago.
Apologies, it is actually £156,000 gross (or £3000 per month) which is the income limit for the Child Maintenance Service to deal with. Either way, your gross income is in excess of this and she would be entitled to pursue it to court for a "top-up". At this time you have no legal commitment to house or provide a car, but if she is unable to meet these outgoings herself then she can pursue a court application for you to fund this. If you were to purchase a property or a car for her, this will effectively be viewed as a "loan" and there should be a trigger event (eg. the children finishing education), after which the property is returned to you as it is for the benefit of the children.I hope this further clarifies this issue.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.