Child Maintenance/Spousal Maintenance Advice

[Allycat]

Hi there. I think that myself and SBTXH have reached an agreement at last regarding the finances of our split, amicably as well - hurray!

However, he has been to see a solicitor and the solicitor has suggested that cm and sp are set out as follows:-

With his earnings, the cm he has to pay on his basic is about £767.
He has earned a bonus this year, which means the csa calc says he needs to pay about £900 (incl basic)

As his bonus is not guaranteed (although he has received a similar about for the last 3 years), he has said that he wants things worded as follows:-

He is happy to pay slightly above the csa figures (which I am delighted about, obviously).

He will pay £1k per month, of which £767 is noted as child maint and £233 is spousal.

Child maintenance and spousal maintenance are payable until my youngest reaches 18, or if I co-habit. If the relationship with the new partner fails, spousal will kick in again.

I can not separately claim for maintenance on his bonus unless I just receive mandatory cm of £767, so will lose my spousal and end up worse off.

House and other assets have all been sorted and agreed separately.

Is there any tricks in this that you can see?

Many thanks.

[WanderingAway]

Why do you want spousal maintenance? You are getting a divorce he shouldnt have to support you anymore. His children yes but you no.

How many children do you have that you are moaning about 700 pounds a month not being enough?

[newbiefrugalgal]

She is not moaning. Give her a break she wants advice on the offer.

[ForeskinHyena]

Sounds fair to me. I've agreed to a similar set up with my ex this week, but have put a one year limit on the spousal to give me time to build up my business and earn the extra myself. (Been separated 2 years, so will be 3 years spousal in total).

I'd have liked it to be ongoing but I understand that he doesn't have much money spare and what he has he will hopefully spend on the DCs when they are with him if he doesn't have to give it me.

At least if you have a set figure rather than relying on his fluctuating bonus, you can plan ahead knowing where you stand.

[Allycat]

I am not moaning and he offered me to pay me that amount, I haven't asked him to. He earns well and the csa calc says he has to pay me £900+. We live in an expensive area and I am taking on a big mortgage in order to buy him out of the house so that he can move on.

It is very amicable and I accept I am in a privileged situation.

It's just a matter of how it's worded.

[spanieleyes]

My ex has continued to pay child maintenance whilst the children are at university, the money then goes straight on to them. Just a thought!

[Allycat]

I don think I can ask for that to be written in now but it's something I may ask for in the future. My ds is 15 so it's not too far away!

[ForeskinHyena]

I would say that reinstating spousal after a future cohabiting relationship fails would be a bit churlish tbh. If you're at a point with a new relationship where cohabiting is on the menu then I don't think your ex should still be responsible for your upkeep after that.

Not much likelihood of my DP and I living together at any point soon due to kids/logistics but if we did I and it didn't work out I'd feel guilty getting my ex to support me again after that.