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HI all,
Sorry new on the site and could do with some advice. My wife of 3 years and myself are currently going our separate ways.
She has two children from two different fathers, previous relationships and we have lived together as a family for about 4 years. When we met she was heavily in debt and sold her mobile home to pay off her debts and supposedly help out with our home when she moved in.
Instead she wasted the money, £30k and is now insisting that as part of the divorce she in entitled to maintainence from me for both children at the full CSA rate of 20% or £200pw.
I consulted the solicitor last week and he was quite harsh and told me initially not to offer her anything. His opinion was due to the fact she could claim from the natural fathers but chooses not and the short duration of the marrage and the fact she didnt financially contribute to it would most likely lead to the court trying to restore things to the pre marrage position.
I ignored his advice as I wanted to be fair and amicable and offered her a stake of the equitiy in the property but refused maintainence payments as per his advice.
She is now claiming that the maintenance for step children is covered by the CSA etc and that I have to pay it. She is also adamant that a court would award her maintenance at the full CSA rate of 20%
Can anyone offer any advice as the stress of this is making me ill and I need to just resolve it before things turn any nastier than they already have. I want to believe my solicitor but I am concerned I am going to get drawn into a long legal battle.
Many thanks
Paul
Your not liable for child maintenence, your not on the birth certificate as they are step children
She would need to claim from the natural father
I would definitely go with your solicitor. Personally, I would withdraw all offer of money to her, because the court might take that as an acceptance of liability and enforce or possibly increase it (small chance, but there nonetheless) - when it's all settled, then you can make a voluntary payment if you wish - though I would say if you are going to do so, I would be more inclined to put it into an account for your step children rather than to your ex.
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