Any chance for spousal maintenance?

[mummyfromnw]

Divorced from ExH for the past 3 years (separated 4). Having 5 year old DD. After maternity I returned to work full time however when we separated I reduced my working hours by half (flexi working) due to childcare costs.

Now DD is at full time education so the childcare costs reduced only to childminder fees. For the past 4 years I have been covering all childcare costs. My income has reduced significantly and a part-timer I have no scope of progression (even though finishing accounting courses). DD spends with F every second weekend (and midweek contact) and holidays are split 50/50, he pays maintenance of £100 per month (self employed).

ExH lives and has a child with his current partner. They live in a very posh area of London, go on multiple holidays (he is self employed so if he does not work, he does not earn), travel to US very often. His partner is a company executive, I assume earning circa 200k per annum, as she travels on business extensively he takes care of their child (they still employ full time nanny).

My earnings are £800 per month net, topped up with CB, HB, CTC so in total around 1.7k (rent is £1.150, childcare £150). It leaves me £500 (inc £100 maintenance) to pay bills, cover travel costs to get to work, cover extra-curricular activities for DD, not mentioning food.

Is there a chance that I can claim spousal maintenance (on a basis that I had to reduce hours of work, that I covered all nursery fees – around £45k in total). It was short marriage (separated after 1.5, divorced after 2.5 years). There were no assets.

It is just not fair that because he is self employed, he takes time off a lot he gets away with paying more maintenance for our DD even though he can afford (I assume that his partner covers all costs)

I think you are in a really horrid situation and it just shouldn't be that he has this rich lifestyle yet won't pay for his dd's ballet etc. But in the end I can't see how you will win. Think you should keep the CSA on the case bit otherwise concentrate on doing whatever you can for you and your dd.

When there is financial order settling the finances on divorce and dismissing future claims you cannot claim spouse maintenance later.

IF you don't have final financial order yet you could apply to court for a settlement if one cannot be agreed. Without one either of you can make claims against the other or your estates if you die. That means if you win the lottery, inherit or acquire assets your former husband could potentially claim against them.

Your ex would be required to disclose his income for the court and his new partner's finances if he knows. The new partner's income is only relevant because she should be contributing towards their household's living expenses, thus reducing your former husband's living costs and increasing his disposable income.

When a new partner's finances aren't disclosed its reasonable to assume they will be contributing 50% towards the household's living expenses. You cannot claim against her finances and if your former husband only earns £12k/annum he wont have enough disposable income to pay spouse maintenance.

However a nominal amount of spouse maintenance, say £1/annum, may be appropriate to provide insurance so your child doesn't suffer undue hardship if you are unable to work because of illness or redundancy later. If there is a nominal amount of maintenance the order can be altered later.

The courts normally have no powers to impose an order for child maintenance. Exceptions are when there is an order predating March 2003, there are step children, one parent lives abroad or children over 18 in education. Also the courts can make top up orders if the non resident earns more than the CSA capped amount of £2k /week, to cover school fees, for expenses related to a child's disability or sometimes for a lump sum to cover one off expenses such as bedroom furnishings or equipment. When imposing an order the courts must give regard to the financial position of both parents and the needs of the child.

Child maintenance through the CSA is a blunt instrument and the rules don't allow the staff any discretion to award more than the basic calculation.

There is no substitute for independent legal advice but unfortunately we have to work with he law as it exists and based on what you have said spouse maintenance isn't very likely.

From what you say here your income and his income are somewhat similar. Neither are enough to afford nannies or foreign holidays so those are courtesy of a relationship he is in now.

You may or may not have earnt more if things had gone differently. Because of that you want her income to be included in calculations for spousal maintenance several years after you divorced?

Ok, I'm calling wind up, any takers for reverse??

Her income isn't going to be distributed to you.

My general impression is that, if you are under 50ish, in work, and following a marriage of less than about 20 years, you would be unlikely to receive spousal maintenance.

If his new partner hadn't got two brass farthings to rub together, and was bringing up her DC in a trailer, would you be happy to pay spousal maintenance to your XH so that there wasn't a gap between the families?

Thought not. But, yes, until there is a financial order, you can make a claim, but that's doesn't mean you'll be awarded anything. Because although children must be supported, in line with income over the whole of their childhood, spousal maintenance just doesn't work like that.

You need to separate child maintenance (and possible concealment of income) and pursue that. But give up on any idea of being awarded spousal maintenance in a financial order 4 years after the end of an eighteen month marriage.

Thank you STIDW

The post was very useful. No finanacial order was made at the time of divorce as we had as there was no assets and maintenance was done via CSA.
I was advised back than that if there is no order I am open a financial case later. The other thing was that exh wanted clean break for both of us which I could not agree to due to age of our DD.

Does it mean that if there is no financial order there is no nominal spousal maintenance as well?

I have no knowledge of how these things work, so have nothing of value to add. Just wanted to say that I dont think you sound grabby as pp have said. It sounds like they have made the decision that their family income is enough for him to work part time to help with looking after THEIR dc, but not really taken his other dc into consideration. Would pp feel differently if they had decided that she earnt enough to be a sahp? In a fair world, id say his whole income with no deductions should be used to calculate his contribution to your dc, as I get the impression that will not happen could you ask him to look after your child some of the time they are in childcare to reduce your bill?

If you think he's underplaying his income then you should try to do something about child maintenance but after an 18 month marriage he shouldn't be paying spousal maintenance especially when actually his new partner would be subbing him.

Finish your accountancy quals and work more days a week. It isn't necessarily fair but it's how it is.

Hi Willbilly
Thank you for your reassuring post.
Our DD is not treated equally - all their holidays take place during term time (when Exh cancels contact) and weekends away are at the weekends she is not with them. I was very positive at the beginning that our Dd will have access to and opportunities which we both (if still married) possibly will not allow ourselves to. Year has past and the cancelled contact -due to their holiday or new partners business trips - happens at least 7 times, half terms or school holidays they stay over in London. She even does not do any extracurricular activities on the afternoon Exh has DD.
That is why more contact with Exh will not be nourishing for our DD just because they have better lifestyle and live in a nicer flat. Especially that DD feels somehow excluded.

Hi Littlebear
It is v difficult to vary CSA decision on a basis of lifestyle - he will always claim that partner covers all the costs.
Yes I find it unfair that he allows himself not to work to look after their DC but do not consider that he contributes bare minimum what CSA has calculated.
And I do worry that he may on instant stop working completely and than there will be even no £100 per month

Just stumbled across this as my partner is going through an acrimonious and long divorce and I was wondering how much the ex might get - she never worked and in all likelihood wants this to remain the status quo for as long as possible. I have a full time job and we scramble along and demand like this one are frankly outrageous. Why can't you get your ex to take on more responsibility for your child like he seems to do with the other one so you can work full time - or educate yourself to a point where you can command a higher salary!

You can't make a man be a father unfortunately, I think most of us would prefer they spend time with the DC and let us have a shot at a career/education and be independent of these migonystic dickheads, sadly they don't go for it when it's suggested as raising children is quite dull and hard work.