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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.

Maintenance - based on household income, or only XH's?

12 replies

Pullingpants · 09/09/2015 21:22

XH has re-married and is now pleading, if not quite poverty, that the (not extravagant) amount of maintenance he pays for DD is affecting his quality of life. I know in the past, new wife's income would be taken into account to assess maintenance, but wondering if this is still the case? Btw, their household income is about five times mine. I can manage on what I get, just sticks in the craw rather. Would just like to know if I can 'call his bluff' as he appears to be trying to get to me through maintenance for DD.

OP posts:
VodkaJelly · 09/09/2015 21:25

No her income is not taken into account at all.

Pullingpants · 09/09/2015 21:27

Ok, thanks.

OP posts:
babybarrister · 09/09/2015 21:47

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Pullingpants · 11/09/2015 19:27

Ah, ok. So, in theory, could I go back to court? Or as the divorce and financials are final, is that it now.

OP posts:
babybarrister · 13/09/2015 21:42

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Pullingpants · 14/09/2015 18:50

Never had spousal maintenance, just child. Financials were settled independently and not at court. UK divorce.

OP posts:
00100001 · 14/09/2015 18:52

I can;t see why the OW would have to financially support a child that isn';t theirs Confused

babybarrister · 14/09/2015 20:32

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Bellemere · 14/09/2015 20:33

Is he paying the amount he should be based on CMS calculations?

Pullingpants · 14/09/2015 21:37

I suspect so Bell. Took the calculation off the site 4 yrs ago, and if anything it hasn't gone up with inflation. I thought it was unusual to get spousal maintenance? I don't get anything for me, just DD. I presume when the divorce went through, the judge just rubber-stamped that we had agreed maintenance.

OP posts:
Bellemere · 14/09/2015 21:47

If he's paying the correct amount according to the CMS (which will be different from the CSA calc but not massively) then I doubt there is much you can do. I've only ever heard of a new spouses income being taken into account when the person paying the maintenance has no income of their own and is financially dependent on their new partner.

babybarrister · 15/09/2015 09:15

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