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Divorce/separation

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

Money!

3 replies

Happytosmile68 · 18/09/2014 22:13

Despite me making exh an offer in April, he has still not come back with a counter offer. I went to mediation by myself and they advised against it. Exh also refusing round table meeting with solicitors but suggested mediation with mediator and solicitors. I've refused. Overkill & too expensive. Currently he's still paying half the mortgage although I could buy him out but he's not paying anything else towards the children, school uniform, trips, clubs etc. should he be doing that?

OP posts:
doglover17 · 19/09/2014 14:37

Firstly there is Child Maintenance, which can be enforced. The amount to be paid is based on number of nights with each parent and earnings. You can calculate this here if you haven't already done so www.gov.uk/calculate-your-child-maintenance

In the case of a 50/50 share and joint responsibilities then no maintenance is due. So, it is hard to advise without knowing fully your circumstances.

Secondly there is Spousal Maintenance. This is not always a given. The money that he is paying towards the mortgage could be counted as thus. How much to be paid, if any, is based on your needs versus his ability to pay. There is no set formula. I presume you have both completed a Form E to help fairly settle this?

With regards to the above the courts are favouring a clean break settlement over spousal maintenance, or so it seems.

Getting divorced is incredibly stressful, for everyone, so you have my sympathy in bucket loads. Hang on in there.

Happytosmile68 · 19/09/2014 18:00

Many thanks. I work full time so don't need spousal maintenance but he earns 60% more than me and is refusing to pay for breakfast and after school clubs saying I have to pay them. We have done full financial disclosure but he won't come back with a counter offer so I'm stuck. I've told my solicitor I'll wait another week but then I'll have to go to court otherwise it could be like this for years??

OP posts:
Happytosmile68 · 19/09/2014 18:01

I have the children 9 nights per fortnight and he has them for 5.

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