Advice re maintenance would be appreciated!

[HelloOutThere]

Hi there,

basic outline of my query-

divorce due in next month
5 children all with me
Ex works full time, earnings vary but take home pay is about £2500 a month I think. He pays me £500 a month for children
I work 15 hours a week, get tax credits and rent help

I think i was stupid to not ask for maintenance for me right from the beginning - we split in Feb- but was being proud.
Now I would like to get him to pay me some, how do I work out how much? And is it fair to ask it to be backdated? Probably not.

My main reason for beginning to think I was stupid is he sold our only asset and didnt tell me, i found out about a month ago and asked him for half of what he got. He said wait till divorce was sorted and he would then, but methinks he may have spent it.

[Lauriefairycake]

Get a solicitor - you need to get hold of that asset!

Go by the csa calculator - you are not automatically entitled to anything for you.

You really need a solicitor.

[prh47bridge]

Using the CSA formula, with 5 children you are entitled to 25% of his pay after tax, NI and pension contributions are deducted. That will be reduced if the children spend an average of 1 or more nights per week with him. It will also be reduced if he has any children living with him (e.g. his new partner's children).

The CSA doesn't collect maintenance for you. You may be entitled to some but the courts generally prefer clean break settlements if at all possible, which would mean that you would get more of the assets but no maintenance. This will be resolved as part of the ancillary relief proceedings which are part of the divorce process. That will also resolve what happens to the money he received for your asset. Depending on the circumstances, the court may treat the asset as still belonging to you and your ex for the purposes of determining the financial split. However, you really need to try and negotiate the finances between you. Getting the courts to decide will significantly reduce the amount of money available to share between you.

[HelloOutThere]

Thanks Laurie, that is really what I wanted to know - am I entitled to anything, like child maintenance is an entitlement. Have been avoiding going through a solicitor and done it all myself but think you are right and I will have to if he keeps stalling.

[HelloOutThere]

Thanks prh that is really helpful. I think he is paying the basic he should then on the 2500 he gets as that is before tax, though his wages can vary by as much as 200 per week so very hard to work out.

[nocake]

As part of the divorce you should have agreed a consent order, which is a statement setting out the financial arrangements. Have you done this?

[STIDW]

If there is a big discrepancy in incomes you may be able to claim spouse maintenance or "maintenance pending" the end of the divorce "suit." A solicitor in possession of all the relevant facts is in the best position to advise about where you stand and what your particular options are.

There may be a case for the absolute decree not to be granted if you are left financially disadvantaged by no longer being married eg when there is a big pension fund and death benefits are lost.

[HelloOutThere]

Thanks so much for all your advice, much appreciated