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I am busy seperating and we are moving to seperate houses at the end of the month, i have given her my proposed CMS/spousal support of 2K and i carry all the joint bills like cars etc
This equates to atleast 45-50% of my income and leaves me in debt, my question is she is expecting more because she chose to home educate our son, and therefore does not work, she does have some plans to work on weekends but nothing has happened yet.
my question is can she expect more from me monthly? if she takes me to maintenance court, what is the likelyhood they would make me give more than that? i will be filing for divorce as soon as we move out to ensure it all happends swiftly.
hi,
it would be up to judge to decide what is fair. fact that the mother does not work and is primary carer of child, then this usually means she has more needs than you. it is not uncommon for a 60/40 split to be ruled.
@dadmod2 even if she is capable of working and even has a degree?
She definitely can work on weekends and at night
@andycol info from a law site:
In a financial remedy situation where a wife does not have a job, she may be entitled to spousal maintenance from her husband, which means regular payments to help cover her living costs, as the court would consider her contributions to the household and family life as equally valuable even if she wasn't employed outside the home; however, the specific amount and duration of maintenance would depend on the individual circumstances of the marriage, including the length of the relationship, the standard of living during the marriage, and the husband's income.
It could be worthwhile looking at the CMS's online calculator to estimate what you'd pay if you opened a child maintenance case against yourself. Go on your 2022-2023 income as they lag behind to get an idea.
I did this and went from paying my ex-wife £1600 per month to £455 so a considerable drop. It also meant I wasn't legally obliged to pay a penny more towards anything else, though I carried on with the Mortgage after converting it to Interest Only to get costs down and driving lessons for my daughters. My ex had been adamant she wanted to remain in the family home but faced with the day-to-day running costs she had no other option but to agree with me it should be sold and the equity split as part of a clean break settlement.
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