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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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Good morning My wife and i separated 3 years ago and based

Customer Question

Good morning

My wife and i separated 3 years ago and based on child maintenace information give her the appropriate amount of £350 a month for the children.

We are still married with the house in both our names which i pay the mortgage for each month.
Should she be contributing to the mortgage and if so should i be giving her less child maintenance.

Steven Macleod
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Child maintenance is entirely separate from the other financial issues that exist between his and and wife, so no, whoever pays the mortgage won't have an effect on the amount of child maintenance you pay.

As a general proposition you should both be contributing equally to the mortgage. But whether that general proposition applies to your situation depends on a number of factors:

1. Your respective earnings.
2. What other things you are both paying for.
3. Generally what the facility resources are.

Generally a clean break is desirable as between husband and wife, certainly after a separation period of three years. Perhaps it is time to consider the longer term and what is going to happen to the house and other matrimonial assets that there may be.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 3 years ago.
Sorry, no. 3 should read "family resources".