Spousal Maintenance & new child maintenance rates

(21 Posts)
Midwife99 Sun 17-Feb-13 18:56:57

My husband & I have been separated since May & he is currently giving me £400 a month child maintenance for 1 child (he has another child so gives her mum the same). He also pays all her nursery, dance & swimming fees & let's me keep all the child tax credits which are £800 a month due to sky high childcare costs. In September DD goes to school & I have calculated that my tax credits will then be £100 a month. I earn £18500 after pension contributions & professional fees as I only work 3 days a week. He is self employed & has a turnover of approx £70k a year before personal & corporation tax & pension contributions & has minimal business expenses (a new laptop every couple of years & server fees & fuel/car costs as he works from home) We got back together in terms of a romantic relationship in August but are still living apart & apart from taking me out etc he is still paying the above. I am going to be in big trouble financially in September when my tax credits reduce. The house is mine & so he is not paying towards the mortgage costs.
Should I push for spousal maintenance & how much would apply? How do the new CSA rates affect child maintenance & is it worth asking them to assess him?
He was saying to begin with that we would live back together but that hasn't happened. Don't know what to do!!

kinkyfuckery Sun 17-Feb-13 19:07:16

How much is he paying all in, with nursery, fees etc?

Midwife99 Sun 17-Feb-13 19:18:18

At the moment approx £800 a month inc £400 to me plus childcare & clubs. He has her an average of 2 nights a week but doesn't take a cut in child maintenance for that.
In September that would drop to £400 to me plus £180 per month for after school club & swimming etc.

kinkyfuckery Sun 17-Feb-13 19:43:12

Using the CSA calculator, a net income of £47K, having your DD up to two nights a week, it is calculating a rate of £117pw. That is before taking into account that he has another child.

I'd say you should agree a set amount per month, then you pay the childcare, clubs etc out of that.

Midwife99 Sun 17-Feb-13 19:45:33

He has a net income of £55k.

Collaborate Sun 17-Feb-13 22:03:35

For 2 kids CSA is20% - half to each mother.
You'd have to see a solicitor if you want advice about spouse maintenance. That's not something that you can get a reliable answer on without going in to full details about your case with a suitably qualified professional. Look in the resolution.org.uk website for a solicitor near you.

Midwife99 Sun 17-Feb-13 22:06:37

When do the new CSA rates come in - ie gross income rather than net? I know it's a slightly lower % but he spends £500 a month on his pension plus he's self employed so gross is better for me.

Collaborate Mon 18-Feb-13 00:39:10

In now but only for families with 3 or more children.

Midwife99 Mon 18-Feb-13 02:14:57

Is it possible to get a financial separation agreement without actually getting divorced? Is Form E still completed?

Collaborate Mon 18-Feb-13 07:28:02

You can agree anything you want on anything at any time, but it won't be binding on divorce. You can increase the likelihood of it being followed on divorce by taking specialist advice and getting a solicitor to do it for you.

Midwife99 Mon 18-Feb-13 07:35:32

I think the hard part will be getting full financial disclosure from him without filing for divorce. Can he be made to complete form E for instance if he wants to remain separated but we are not divorcing? I see it that because we are married & in a relationship he is still financially responsible for me but he's acting as if it's all sorted by him paying child maintenance. I have to pay my previous ex husband his share of my house & atm seem to have to raise this by myself somehow sad

Collaborate Mon 18-Feb-13 08:59:01

You can only force a formE in divorce.

Xenia Mon 18-Feb-13 09:46:49

Can you not go ahead with the divorce and divorce financial agreement with him so it's sorted out finally? Perhaps if sunny Jim had the child in the week you might find it easier to get full time work and he would be the one lumbered with childcare costs. That might bring it home to him what it costs to have a child.

Midwife99 Mon 18-Feb-13 10:04:41

He does pay all the childcare costs & have both DD & DSD one night a week & every other weekend. I work 3 days a week so I can spend 2 days with DD who is pre-school. I keep all the child tax credits inc childcare element even though he pays the fees. He is being fair at the moment but in September my income will drop by £700 a month due to the childcare costs almost disappearing. Also my mortgage will increase by about £250 a month so I'll be buggered without either going full time or him supporting me. We are not planning to divorce - we are meant to be back together but he is dragging his feet about cohabiting again (or wearing our wedding rings). I've decided in my mind that in May it will be a year since separation & in August a year since we got back together. If he doesn't want to be properly married again by then & live with me & the DCs I either accept it but get a separation agreement or divorce him.

Xenia Mon 18-Feb-13 11:42:26

And do bear in mind that separations agreements often are not enforceable when you come to divorce so what you think is settled is not settled.

If the childcare costs disappear surely that saves you money not loses it,. Oh I see because he pays those and you also claim for them. I don't think you can actually in law - I saw another thread on it. He can pay towards food but if he pays (or on the other thread parents pay) for childcare you are not supposed also then to claim the tax credits. So watch out no one will make you refund the tax credits you have had for childcare you have not paid if things get nastier with him.

Midwife99 Mon 18-Feb-13 12:27:25

No the child tax credit rules are that the parent with majority care gets them no matter who pays. We are married after all & he had always paid it out of his bank account not mine so nothing changed. He could just give me the money instead - it's just easier to give him the invoices. It's a joint cost.

Midwife99 Mon 18-Feb-13 12:29:19

But I will ask my solicitor about that too. If it's a grey area if we have a legal separation in the future I will ask for the money to come to me & I will pay the childcare directly instead.

Xenia Tue 19-Feb-13 08:21:39

The other thread was a married couple with the grandparents paying the childcare fees direct and the parents also claiming tax credit. The links suggested that that was not allowed. However the parents could pay for food for the family and then there was no problem. Your situation is after separation and so it might be different anyway under tax credit rules.

If trying to get more money out of someone after divorce than they are obliged to pay sometimes you can persuade them to pay more if they pay direct eg happy to pay direct to university student fees but not happy to give mother to the resident parent who might spend it all on drink and not pass it to the university.

Midwife99 Tue 19-Feb-13 19:40:22

I don't want him to pay more than he is obliged to. I want a financial settlement if our separation is to remain permanent. He earns 3 times what I do & I have the children. Basic child support is not usually the only liability as far as I know. He wants to keep all his assets, pension, the lot & just give me 10% of his net income.

From what I understand, there is a portion or Working Tax Credits that's supposed to reimburse childcare fees you are paying for directly.

I'd watch out with this...

Midwife99 Sun 24-Feb-13 17:15:53

Ok. Next time an invoice comes from nursery (after easter) I will pay it & then ask him to reimburse me into my bank account. Apart from holiday club that will be the last one. She starts school in September.

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