Sandrotaylor,
If you have dependent minor children, then you will have to pay child support. Basically it's 20% of your net salary, but there are a few variations and tweaks - go to the CSA website where you will find a calculator.
You don't say how old the children are and how long you have been married. When resources are limited ( and I suspect in your case they are ) then the primary concern of the Courts is to meet the needs of the children, first and foremost, but also of you and your x2b, and percentages are not nearly so important. You don't say whether your wife works and whether it is reasonable to expect her to earn a living.
I have always believed that in relatively low income cases, meeting the needs of both parties requires a good deal of creative thought and a good knowledge of benefits. It may well be that, by the time you have paid your child support, you will not be able to afford much in the way of spousal maintenance on top of that, if any.
The Court has to consider a whole range of factors set out in section 25 of the Matrimonial Causes Act 1973 and you will probably find them on this website somewhere. It's useful to go through these and try and work out how they apply in your case, what factors are relevant and which not. I think you need to start thinking about what your needs will be - where will you live, what are your outgoings likely to be, and try and do a guestimate of what your wife and children will need too, bearing in mind that child support is calculated by reference to a statutory formula and the Courts don't have much discretion about it. I think a visit to a CAB would be helpful for you, because I do not rule out the possibility that your wife may need to rely, at least in part, on benefits.
Can I stress that you must be allowed enough to live on. That is the bottom line, and if you can't afford to pay your wife what she needs, well she has to rely on benefits if necessary. Don't get too hung up on percentages.
Katherine
The said section 25 requires that the Courts consider the welfare of dependent children as a priority, but that doesn't mean the parents don't matter either. 50% is a general starting point, but there are many factors which can justify a departure - short marriages, disabilities if any, but first and foremost the needs of the family ; if the children's needs call for a percentage split greater than 50% in favour of the parent with children then the Court will do just that - but no Court is going to make an order which the potential payer can't reasonably afford.
Problem is, madam, you haven't given me anything like enough information to give you any more than general advice which is not likely to be much use. Don't forget, there is no law which says that you can't agree between yourselves as to who gets what and who pays what ; as long as the agreement is fair, the Court should uphold it and it's a lot cheaper than having a fight in Court. Don't forget - the more you spend on lawyers the less there is for you. At least consider the possibility of
mediation. If you can supply more info then I might be able to give you a better idea.
Mike 100468
