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Maintenance payments

  • loulincs
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24 Oct 07 #5202 by loulincs
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Hi Everyone, I have my boyfriend living with me, he is STILL going through divorce after his wife committed adultery, (even though she is divorcing him) she receives £400 per month child maintence from him for their one 8 year old child, he pays another £400 per month school fees and she also wants £150 per month maintence for herself, is that right that a husband has to pay maintence for his soon to be ex wife? she wants this until she re marries??? he received no equity from the sale of the marital home Approx 40 grand, and no furniture, he walked away with the clothes on his back, he also agrees to give her 10% of his annual bonus from work which should be another £2500 per annam as long as she leaves his final salary pension alone, is this the norm??? They were married for 17 years: She works full time as a learning mentor.

  • tiesys
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24 Oct 07 #5203 by tiesys
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I am sure there will be people on here who will give you a more detailed answer, but tell your man to get a solicitor who deals with Ancilliary Relief.

Hope that helps

Mike

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24 Oct 07 #5204 by loulincs
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thanks mike, what is ancilliary relief???

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24 Oct 07 #5208 by sexysadie
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I am no expert, but I think it's usual for exes to be paid maintenance for themselves for at least an interim period while they find their feet, if there is a significant discrepancy in incomes. This seems likely to me if your partner gets an annual bonus of £25000 as that is quite possibly more than a full-time learning mentor earns in total.

Sadie

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24 Oct 07 #5232 by Fiona
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The overall circumstances need to be considered. SM is usually paid according to the needs of one party and the ability to pay of the other. As a general rule of thumb the greater the capital split diverges from 50:50 the less need there is for SM.

Financial relief is ancillary to the divorce. Hence the name 'ancillary relief' for the process of settling finances.

  • Monitor441
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24 Oct 07 #5233 by Monitor441
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Lou.

Maintenance is paid subject to needs in most cases unless there is a huge pot of money and then it is on agreement between the parties or what the courts decide. You need to post some figures before we can give you info if he is paying too little or too much.

For child maintenance and following the CSA rules for one child, he should be paying 15% of his net income after tax, NI and pension contributions. This is reduced by 1/7, 2/7, 3/7 etc depending on the number of nights per week averaged over a year his daughter stays with him.

I am unsure about the school fees situation so can't comment on this.

On the maintenance to his wife, this is known as Spousal Maintenance (SM) and is to keep her in the manner in which she was accustomed before they split up. The fact that he is living with you, in the eyes of the law, reduces his out goings so he has more spare cash available so he can give her more a month.

The way my ex2b and I worked it out is for each of us to work our annual expenditure from mortgage/rent down to hair cuts and cosmetics. We then worked out what income we both needed and the shortfall is made up by me (I pay her £500 for the kids even though they spend 50% of the time with me and £1000 per month to her). Don't forget his ex wife should be claiming WFTC and CB so this needs to be taken into account.

PS he needs to beware of his bonus as legally the CSA could say that is part of his income and he should pay 15% to his daughter

I hope I have been of help and good luck

Mon

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25 Oct 07 #5251 by soulmanuk
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i might be wrong on this but i think if you are claiming WTC they expect the NRP to pay towards this. as a result your WTC is decreased so the PWC is no better off, as iam claiming WTC i think i read something about it in the paperwork they sent me, i hope i am wrong but you know what the government are like at taking your money, maybe someone could advise me on this

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