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I`m after some guidance really. Me and my wife split week Sunday just gone completely out the blue for me.
We together have a 2 year old daughter.
She had a 8 year old from previous relationship so she knows exactly what shes doing regards the csa.
I've figured out roughly what I have to pay etc the big question for me is the house we lived in is Mortgaged in my name and only my name. All house hold bills I pay IE gas, electric, council tax etc.
She paid the sky and telephone bills.
Now we have split I have left the house currently with parents. She is looking some where else but shes packing up work to claim as much on benefits as possible last she said. Shes under the impression that i have to top up the amount she gets if her rent is more than the council pay. is this true as my solicitor has told me that she need to get her name down for a council house? but as there isn't any available shes looking at private rent. Just need some advice on if i do have to top up her rent so to speak or if she has to pay it out of all her benefits IE own money.
Cheers Shaun
Hi There,
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As far as I am aware, the way that this will work is that you would pay child maintenance to start with, when the divorce gets proccessed than she will be entitled to a share of the equity in the property, you would have a choice of whether you sold the house to gain that money or took out a re mortgage to get the money.
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Even though the house is in your name only she will be entitled to a share in the house as you were married.
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If you can agree an amount to pay her and she is able to work that should be all that needs to be paid to her......(the share of the equity and the child maintenance) however if you earn a very high wage then she may be able to apply for spousal maintenance through the divorce to top up her income to keep her and the children (if they are living with her) to the level of life they are used too.
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Spousal maintenance doesn't get awarded though unless you earn a lot more than she does and the household income while you were together was very high.
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GTTS
Shaun212000
Child maintenance is calculated using your gross income and you can get an estimate for the amount that you may be required to pay by using the Online Calculator on the Child Maintenance Options website at http://www.cmoptions.org/.
The calculator will provide an amount for you using the guidelines of the Government’s statutory scheme, the Child Maintenance Service, and an amount that the Government considers to be a reasonable payment.
If you are hoping to put a family-based arrangement in place with your wife for your maintenance arrangement, you may find this a good starting point for your negotiations.
Many parents do now choose to sort out their maintenance between themselves as it can be the quickest and easiest way of setting up a maintenance agreement and although family-based arrangements are not legally binding, they are very flexible and can be easily changed.
As you have no third party involvement with a family-based arrangement it really is up to you both to decide what you would like to include in your arrangement. You have no set rules to follow, therefore, you can make your maintenance a single payment or you could continue paying the bills or mortgage on your house and incorporate this as your financial contribution.
There are different ways you can negotiate your agreement with your wife and Child Maintenance Options do have some supporting tools on their website that might help you both come to an agreement.
If you find that you are unable to negotiate an amicable agreement with your wife, you do have the option of making an application with the Child Maintenance Service and they can act as a third party between parents.
You would not be asked to contribute to any spousal maintenance or to your wife’s accommodation through their service. Paying parents are legally responsible to pay the amount worked out by the Child Maintenance Service and are not obliged to pay for anything extra.
If you decide to ask the Child Maintenance Service to arrange your child maintenance for you in the future, your responsibility to pay will start from around the point they contact your wife.
For further information about putting in place a statutory arrangement and the fees involved with this, you will need to contact Child Maintenance Options directly and all of their contact details can be found on their website.
Another choice you have for arranging child maintenance is through the courts in the form of a Consent Order in England and Wales and Minute of Agreement in Scotland. This is an agreement where you and your wife with the support of a solicitor would need to agree what to include then the agreement is presented in court and is ratified.
For any other concerns you may have regarding your property or spousal maintenance you may wish to seek more specialised legal advice.
You may also be interested to know the Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.sortingoutseparation.org.uk/
For more information and for a more personalised service, you may wish to visit the Child Maintenance Options website yourself.
Regards
William
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