Settlement agreed...ex lost his job.. will settlement be taken into account for maintenance

[sbpooks]

After a long 2 years we reached an agreement of basically around 70:30. About to apply to court for absolute and progressing mortgage application and he lost his job and seems unmotivated to find another and not sure if he will at high income he enjoyed. If we progress and he receives like £60,000 surely he can be made to pay maintenance ?' He is saying he would only pay government reccomendation of £7 per week!!

If he has no income it will be £7 per week yes

I suppose someone who lost 70% wouldn’t feel terribly motivated to earn. But if he gets a job of £60k you will get good child support, if he’s not doing childcare. You will also have the 70%.

Maintenance will be based in his wage.

Lots of non resident parents seem to lose their well paid job when maintenance needs to be paid.

Are you suggesting he should pay maintenance from his capital (i.e. the 30% he gets from the divorce settlement)? Because no, he doesn't have to pay you from that. Maintenance is based on income, not capital.

If he finds a new job, then of course he will have to pay maintenance based on his salary in the new job.

But if he doesn't find a job, his maintenance will be based on his benefits only.

Put yourself in his shoes for a second - he has lost nearly everything in the divorce, based on his earnings being higher than yours. And now he has lost that job. He is staring down the barrel of financial decimation. He certainly doesn't have to hand over to you what little money he did get from the marital assets.

Hopefully, he will find work again quickly.