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maintaining his daughter

  • doodles
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29 Jan 08 #12238 by doodles
Topic started by doodles
i left my ex2b some months ago now after 20 yrs of domestic violence. i have been sole carer of my youngest daughter who has visited her father around 7 times in 9 months. he hasnt paid a penny or given me a penny since last july. he lives in the matrimonial home with his current gfriend. he earns 75k a year. wot sort of maintainance can i expect and will i get any backpay. i earn 21k a year.

  • mike62
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29 Jan 08 #12241 by mike62
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Doodles,
you should be entitled to 15% of his nett income as child maintenance for your daughter, assuming she is under 18 years, or 19 if in full time education.

Have you started divorce proceedings yet? If not, do so. That way you are in control of the divorce process. If so you should apply for ancillary relief. This is the process of separating the matrimonial assets.

You may well be entitled to claim spousal maintenance from him too.

Given the disparity of your incomes, and the fact that he is in the marital home, he will need to contribute to your housing needs through spousal maintenance, even if only through a transitionary period.

If you haven't already seen a solicitor, see if you can find one that does a free initial consultation and get some advice.

Best of luck
Mike

  • Fiona
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29 Jan 08 #12247 by Fiona
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The courts can't impose child support so unless he agrees to pay child maintenance you will need to apply to the CSA. Arrears will only be due from the time the CSA first contact the non-resident parent.

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