Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hello,
I wonder if anyone can help. I am currently seperated and as such am having to sell the family home, I have offered my Ex all capital from the sale which should be in the region of £40,000. As I am not taking my 50% of this sum would it mean that I can stop paying maintenance for the time being?
I think (though you need to check) that the divorce court could set the maintenance level as part of the divorce, but after a year, your ex could go to the CSA and the normal calculation would apply. In addition, the court is going to take into account the fact that your ex needs to provide a home for the children, so the equity you are giving them may well be considered to be towards that, and be separate to the maintenance issue, so I wouldn't realistically expect you to avoid paying maintenance - if you are using a divorce solicitor, I'd have a word with him. I would consider holding onto some of the capital - you need somewhere to live and to be able to spend time with your child(ren).
In addition, you may want to have a word with Child Maintenance Options - there's a link to them on the right hand side of the banner at the top of this page.
Hi,
Don't offer your ex all the capital from the sale of your home.
If a Court Order has not yet gone in, she could approach the CSA. By which time capital could have been agreed through court. At which point the CSA would have been in effect before the Court Order.
This means that as well as the total £40k you will still be liable for maintenance.
If you want free advice, get as much from the sale of your home as you physically can. I've heard stories very similar to yours £20, £30, £40k worth of equity all to the ex-wife and they can still extract more.
I agree entirely - once everything is settled, you can use the money how you want - voluntary maintenance payments, savings for your children or whatever, but it's your choice, not you ex's at that point.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.