Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Maintenance while I am living with my mum

9 replies

KirstyWirsty · 14/08/2012 11:54

The marital home has been sold (last week) and as a stop-gap until the Financial Settlement is agreed I am staying at my mum's

I am expecting my STBXH to kick up a fuss about paying maintenance while I am staying at my mum's - Am I right to still expect him to pay it?

OP posts:
Original poster
KirstyWirsty · 14/08/2012 11:54

PS I am the resident parent and DD7 is with me 4 nights of the week and with him 3

OP posts:
Onthebottomwithawomansweekly · 14/08/2012 12:00

I would think that it doesn't matter where you live and how much or little it costs (otherwise people in receipt of maintenance would choose palaces to ensure they got the max possible!)

Your DD costs the same to maintain (food, drink, clothing, roof over head etc) no matter who is covering the costs - you, your mum, your ex.

I assume if there is a Financial Settlement being agreed there are solicitors involved? Instruct your solicitor that maintenance might be witheld - can arrears be covered in the settlement?

Xenia · 14/08/2012 12:09

Lots of women pay maintenance to men of course. Which of you earns the most and if you earn less can you get a better paid full time job so that financially things are easier for all of you after divorce?

KickTheGuru · 14/08/2012 12:18

I think it depends on earnings - if you both earn the same, not sure why he should pay maintenance if there is a 50:50 split? He would have to pay to keep the child for 50% of the time and you pay for the other 50%? Divorce doesn't mean that the man automatically pays for the woman.

Also, your rental etc won't come into it so assuming he does earn more than you, you can't add in to his maintenance what you aren't paying (rent, bills etc)

Maybe I'm nuts but if DC with you 50% of the time, surely he can just pay to upkeep his side?

The maintenance for the child should be split according to wage but he shouldn't' have to pay to maintain you and most of the child?

MrsTomHardy · 14/08/2012 12:20

Of course he should pay maintenance. Doesn't matter where you live or who with he still has to contribute to his child.

KickTheGuru · 14/08/2012 12:21

But he does if he looks after the child 50% of the time?

The mother also needs to contribute.

It's not 100% up to the father to pay maintenance!

Original poster
KirstyWirsty · 14/08/2012 12:39

The maintenance is worked out according to how many nights per week he has DD and according to his salary as he is the non resident parent - it has been worked out using the CSA calculator

OP posts:
Original poster
KirstyWirsty · 14/08/2012 12:40

He pays £40 per week

OP posts:
KickTheGuru · 14/08/2012 12:45

Cool sounds fair to me.

Then yeh, he has to pay that regardless on where you live or who you live with

New posts on this thread. Refresh page