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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Paying maintenance if I ave resposibility

  • chris1969
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08 Jul 12 #342002 by chris1969
Topic started by chris1969
Hello,

I would like some advice about paying child maintenance. When I first separated from my wife we split the time we spent with the children, but she had majority (4 days to my 3 days), I thus paid her maintenance. Over the past 18 months I have taken on more of that responsibility of the children and have become heir main carer, sometimes it is full time (7 days a week) but more recently I have them 4 days to her 3.

Currently I still pay maintenance as I am in full-time employment and have a well paid job, while she is out of work.

Due to her health problems I need to leave my job and find one closer o home and make sure I am there for my children. So what I want to know is 1. Am I obliged to pay maintenance after leaving my job and 2. Could I stop paying now (I am thinking that I need to build up as much cash as possible in case i can not get a job straight away)? Thanks in advance for your help!

  • jslgb
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09 Jul 12 #342036 by jslgb
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You are always obliged to pay maintenance.

Do you have a reduction based on how often the children sleep over at your home?

If you need to move could you not try and secure a job before you make the move?

You cannot stop maintenance to ''save up'', who is going to provide for your children during this period? The same way as if you decide to leave your job without finding one to move on to, who will provide then?

Do you use the csa? If you do and you stop paying they will go directly to your employers for a deduction of earnings. If you dont use the csa there is nothing stopping your ex wife going to them and following the same route. Either way it doesnt say a whole lot about your character to your employers if they see your not paying!

Have you tried to discuss this with your ex-wife? That may be the best route to go to see what she thinks.

  • Fiona
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09 Jul 12 #342039 by Fiona
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I agree you need to think very carefully about giving up a job. Children of separated families often have poor outcomes because there isn''t enough money so contributing financially is one of the most important contributions a parent can make to the wellbeing of children.

Child Benefit is evidence that someone is the parent with care and entitled to claim child maintenance. If you are now the parent with the majority of care you can claim CB.

  • Child Maintenance Options
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23 Jul 12 #344739 by Child Maintenance Options
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Hi Chris,

Thanks for the post. If you are paying maintenance through the CSA and have no income after giving up your job then you will be ''nil assessed'', meaning you no longer have to make payments until your circumstances change.

But you must contact the CSA to explain that you have left employment. If you start claiming benefits you will have £5 per week deducted for your children''s upkeep.

You say you''re leaving your job so you can be there for you kids. If you have an informal, family-based arrangement with your ex-wife you are of course free at any time to agree changes to that arrangement according to what works best for all of you.

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