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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8002
Experience:  Barrister at law
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My husband has left the family home, and I’m seeking on

Customer Question

My husband has left the family home, and I’m seeking on advice on what I can do as he is not responding or agreeing with me
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No this is all new to me and I don’t know what to do
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: nothing has been sorted out nothing has gone to court. I would like to know what my rights are and what finical support he has to provide for his two children and myself
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: we have a mortgage together and I have been finically dependant on him
Submitted: 11 days ago.
Category: Law
Expert:  plclegal replied 11 days ago.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Customer: replied 11 days ago.
Ok thank you for gettinf back to me Peter, i shall wait for yoir response when you are back in work.
Expert:  plclegal replied 10 days ago.

Good morning.

The issues of support for yourself and support for your children are separate issues.

He is required, by law, to pay child maintenance to you if you are the main resident parent. This is based on his salary, calculated as a percentage of his income.

The link here is a calculation tool that is used by the CMS to work out how much he should pay each month: https://www.gov.uk/calculate-child-maintenance

As to whether he has to support you financially, this is dependent on you making an application to court as part of the divorce.

You can ask the court to award you interim spousal maintenance (it's called maintenance pending suit) if you are completely dependent on his income. You have to show the court that you need this support to survive.

The court would then decide the final position at the point the divorce is completed.

But, you don't get spousal maintenance unless you apply to court, so you would need to get the ball rolling and any financial order application has to be proceeded by mediation (a mediation assessment is a legal requirement prior to making the application).

For a family mediation service, see here: https://www.familymediationcouncil.org.uk/

The link here is for a divorce application - you can ask that he pays these fees (£550): https://www.gov.uk/divorce/file-for-divorce

And this is the application you would file for interim maintenance from him (along with all other orders relating to joint finances/ property): https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Expert:  plclegal replied 9 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter