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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35793
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is my husband legally obliged to pay child care as well as

Customer Question

Hi is my husband legally obliged to pay child care as well as maintenance
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No . He pays his own ex maintenance and now she wants 17,500 child care costs also
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: West Midlands we are not going to court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is his ex legally allowed to deduct money from a settlement figure they have agreed on when splitting up the house before handing over the money
Submitted: 8 days ago.
Category: Law
Expert:  Clare replied 8 days ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 8 days ago.

Were they married?

How is the money from the house meant to be divided?

Customer: replied 8 days ago.
No they were not married , she had the house valued a few years ago and both paid towards the mortgage until it was paid so there is no mortgage outstanding it’s paid in full . They divided it based on what they had each paid towards it but now she has deducted child care and maintenance.
Customer: replied 8 days ago.
She did not mention maintenance whilst he was paying the mortgage. Once that ended she then said she was expecting to receive maintenance at £50.00 per wk from 2017 .
And half of the child care costs
Can she legally deduct these payments
Expert:  Clare replied 8 days ago.

Did he not ever pay child maintenance after they separated?

Customer: replied 8 days ago.
He payed the £450 towards the mortgage up until approximately June/July of 2019 so did not pay maintenance as such . She got £450 towards the mortgage plus £40 a month that gets put into a bank account for his daughter so he didn’t pay maintenance on top of that . When the mortgage had been paid in June/July 2019 he began to pay her £200 a month for this daughter. ( that figure is based on csa recommendations and what she asked for )
When she then wanted to buy him out of the property and remove his name from the deeds . She did calculations based on the hat they had both paid and when he agreed to the £97,000
She then decided to deduct payments as you can see .
Expert:  Clare replied 8 days ago.

Thank you for that

The simple answer is that no she is not entitled to do this.

Given that they were not married and the property was owned in joint names your husband is entitled to 50% o the equity.

Clearly your husband did in fact pay maintenance over the years - and even if his ex made an applictaion to the CMS today then it would not be backdated - and he is in no way liable for childcare costs on top.

I hope that this is of assistance, please ask if you need further details

Customer: replied 8 days ago.
Thank you so much