[Solved] New to separation

Hi There,

I think that what you have agreed seem fair for her, not so much for you but if you are ok with it then there would be no reason not to move forward.

I would suggest a solicitor look over things and that maybe you should both see one either one for you both or a solicitor each so that this can be written into a legal document, otherwise further down the line things could get messy.

GTTS

I think there's a possibility that once she sees a solicitor she may make further demands, if you have a pension pot she may be advised to ask for a share of that.

Agreeing child maintenance as part of the divorce is all well and good, but we have had members that have paid what they thought was a lump sum for the maintenance as part of the divorce settlement, only to find that 12 months later the ex has opened a case with the CMS. A court order for maintenance can be overridden after 12 months, regardless of previous agreements.

All the best

Hello Sheffielder

It is good to hear that you and your wife are working towards putting an amicable agreement in place for your maintenance payments and for a future home for your son.

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. Although family-based arrangements are not legally binding, they are very flexible and can be easily changed.

It looks like you have already used the Online Calculator on the Government website and come to an agreeable amount of maintenance that you are both happy with. Legally, the amount you receive from the calculator is the maintenance you would be expected to pay if an application was made with the Government's statutory scheme.

If you would like any further information about finalising, and maintaining, your family-based arrangement with your wife, Child Maintenance Options do offer parents this support on their website at http://www.cmoptions.org.

There are no strict rules for you and your wife to follow when coming to your family-based arrangement. It really is up to you and your wife to decide what you would like to include in your agreement.

Along with helpful leaflets and guides on their website, Child Maintenance Options also have a Family-based Arrangement Form where you can keep a record of your agreement. Although it’s not a legally binding document it can put your agreement on a more formal basis. You can also agree a renewal date for your agreement in case either of you have a change in circumstances in the future.

When it comes to the arrangements you would like to make with your wife about the sale of your house, you can seek legal advice if you wish. Alternatively, you could include this into your family-based arrangement, however, as I have previously stated this would not be a legal agreement.

You do also have other options as well as a family-based arrangement such as using the Child Maintenance. This is the Government's statutory scheme here in the UK and they can act as a third party between the two of you. Their arrangements are legally binding, however, the do not offer the same flexibility as a family-based arrangement.

The Child Maintenance Service can either calculate your child maintenance, then leave you to arrange payments between yourselves, or they can collect payments and pass them on for you.

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 that the other parent is contacted by them and not when the first application is made.

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.

Another choice you both 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. As there are usually costs involved in this type of agreement they are usually done at the same time as parents are going to court for other things such as divorce or a division of assets.

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

Thanks for the info guys.

I have another question in regards to my sons nursery fees. I currently pay them, however I think my wife should be able to claim this through tax credits as she doesn’t earn enough to pay them. This would help me with the money I have to pay her. Does anyone know how this works and whether just because I pay for it now she won’t be able to claim for it?

Thanks

Phil

I think as you’re paying the fees you can claim the tax credits, but not absolutely sure. The company you work for should be able to advise on this.

If you were to open a claim with the CMS to pay maintenance, the amount they calculate would be the only amount you would have to pay. It would then be at your discretion to pay any top up amount for such things as nursery fees, etc