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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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Hello Pearl
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Customer: My Wife has filed for divorce for reason that do not relate to why i suggested we separate and is attempting to attain spousal maintenance in addition to the child maintenance i am currently paying even though she works full time and earns over 24-26k and we were married for around 18 months

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How old are your children and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
I am 27 and my wife is 26
my daughter is 5
There are no real assets
I earn 41k and she earns 24-26k

What is the former matrimonial home (is it owned or rented), if owned what is the value and outstanding mortgage and in whose name is it? If it is rented, whose name is ***** ***** in and is it a private tenancy?

Customer: replied 1 year ago.
the former home is rented in my name i believe

Thank you for confirming. What child maintenance amount are you paying each month and how often on average will your daughter spend overnight with you each week?

Customer: replied 1 year ago.
My daughter stays 2-3 nights a week and i have used the online calculator which said based on my weekly income and how often i have her i am obligated to pay £72 a week however i have been paying an average of £87.50 including a Sky bill that is in my wife name

Thank you for confirming. Given that your liability is £72 per month for child maintenance if your current payments are reduced to this level your wife cannot seek for you to pay a higher contribution towards child maintenance.

In relation to spousal maintenance, as part of the divorce you are both able to seek financial relief from the other in relation to assets and income. As you have stated there are no assets it will only be in relation to spousal maintenance (aka periodical payments). Given that there is disparity between your incomes, and that you have a child together, she would be in a position to seek spousal maintenance, however this will only be in relation to her reasonable needs given both your modest financial positions.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's will need to ensure that both your needs are met in relation to both assets and income. and the court will consider the following criteria when reaching a decision:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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