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Spousal Maintenance - How is it calculated?

  • buzyizzy
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14 Aug 12 #349408 by buzyizzy
Topic started by buzyizzy
I have received no maintenance from exOH since our separation, and am wondering if I should have.

How is it calculated?

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14 Aug 12 #349412 by WhiteRose
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I''m no expert on SM, but I believe its ordered on your ''need'' and your ex''s ability to pay (amongst other factors)

Also some people prefer a capitalisation of money rather than SM.

We''d need more info to give you an idea.

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14 Aug 12 #349423 by buzyizzy
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exOH earned £30k last year, I earned £18460 including tax credits, but this will go down to £15340 from September when CTC stops. When initially separated I earned about £13000 including tax credits.

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14 Aug 12 #349425 by Northernboy
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Your husband only earns 30k and you want him to support you with SM. does he already pay CSA as well?

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14 Aug 12 #349429 by WhiteRose
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Have you divided your finances yet, have you got a Consent Order?

Other factors of SM include each of your potential earnings, for example if you didn''t work but could (no disabilities) or if you were in part time work - could you increase your hours etc.

Also your children are older (as CTC is close to ending) I''m presuming you don''t need childcare to enable you to work.

I think what a Court would look at is to enable each of you to continue your life independently - they look for a Clean Break. In some circumstances, this can not be achieved, so an equalisation is looked at. This is where SM comes in, usually where there is a big difference in incomes.

Prob best to wait for LittleMrMike or Dukey to come along and give you proper advice.

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14 Aug 12 #349477 by WYSPECIAL
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Are/were you married as you use the term exOH?

You can''t claim SM if you weren''t a spouse.

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15 Aug 12 #349584 by buzyizzy
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Yes, we are still married. 21 years, last three separated.

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