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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.