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Phase 1 Childrens Act- Help Please!

(4 Posts)
mummyspurg Fri 17-Jun-16 13:58:20

Having caught him having a 15 month affair, and him trying everything to get me to stay, I've decided to leave him, and buy a house for our son and I, and hopefully be happy again, it's complicated, isn't it always?
But has anyone had experience of getting more maintenance than the basic CMS and on what grounds? CMS is capped at £3k nett a week, and he earns more than that, so this Childrens Act kicks in, as we're not married, but have been together 12 yrs with a 10 yr old son, I really object to shopping in charity shops while he takes his designer gear on several holidays a year. Not his son I may add.
Any advice would be really appreciated, thank you!x

millymollymoomoo Fri 17-Jun-16 14:54:52

I don't have personal experience but know of 2 people who unsuccessfully made claims under the Childrens' Act. From these it seems quite hard to actually be successful, particularly in light of maintenance - I think these claims generally are only allowed of a one off claim of capital for specific reasons, and where that person earns very significant (not just standard higher tax payer earner) or has huge sums of capital.
I'm not a lawyer and hopefully someone with a bit more experience will come along but I think its quite hard to be successful

mummyspurg Fri 17-Jun-16 15:15:03

Thank you, it's just wether to take the gamble....

lifeisunjust Fri 17-Jun-16 15:34:46

Forget the designer gear, my husband is far better off than me but that counts for nothing, he left and the kids stayed and never saw him again, ok we are currently poor whilst paying off the debts he left us whilst he takes his fancy holidays but in the long run, it's the children needing love which counts and counts far more than my own happiness.

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