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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.

If this is you (or near enough), how much child support do you receive?

36 replies

ClumsyAnnabel · 08/07/2020 16:03

Dad on 100k full time
Mum on 35k full time
Mum primary carer, Dad does one weekday night and EOW
2 children
Mum pays absolutely all expenses relating to children

In their circs CSA suggests around 850 a month, as a baseline. For context since separation 4 years ago payment has been lower than 850. Anyone negotiated more? Anyone settling for less? Asking as XH refuses to pay more but solicitor really thinks I'm entitled to more. It's causing an impass and I don't know what's usual.

Help! Thank you.

OP posts:
karma1979 · 09/07/2020 07:04

If there is a big financial disparity and you have the kids in the majority I would have thought getting a larger % of the assets is the way forward. As other have said he can revert to the minimum CMS payment after a year with any order so you can't rely on that. In our agreement my ex has to provide his P60 every June to me so that I can redo the calcs if needed.

millymollymoomoo · 09/07/2020 08:20

Sorry but you’re not making it clear ( at least to me!)
Do you or not already have a final consent order or is that the bit you are trying to resolve.? If you do not then you should be looking either to increase your share of assets above 50% and possibly waive spousal In return for higher share or keep 50% but try for spousal Due to disparity I income ( even if limited time)

If you already have a final consent order with the 50% asset split ( and I’d be surprised that a solicitor would recommend you accept this split tbh) then cms amount will prevail

Misty9 · 09/07/2020 08:30

I'm really surprised you only got 50% of the assets. My exh earns about 80k, I was earning 20k part time, but my career has taken a hit due to relocating and having kids, so we split assets 60 40 to me, and pensions were valued equally so left those alone. Exh agreed to pay me 1200 per month spousal for 2 years until I sort my career out (I could be earning 50k ft) and we worked that out on wikivorce calculator. We share kids almost 50 50 so no cm.

I'd go for a higher percentage of the assets if he won't play ball with regular payments. What about his pension? Definitely mediation as a first step though

ClumsyAnnabel · 09/07/2020 09:58

It's the financial order we are trying to agree. The decree nisi was issued in January this impasse is just dragging things out. I may be able to get more of his pension it's the monthly maintenance I am going to be needing more. We agreed between us prior to getting solicitors etc that he should get 50% of the house equity when I remortgaged to buy him out which was about 50k in cash I gave him that's now added to my mortgage! In retrospect that wasn't really fair but guess what he's spent that money so can't redress the balance now.

OP posts:
millymollymoomoo · 09/07/2020 12:09

I think you’d be better to increase your share of house and other assets. For example 100% of equity in exchange for no or small spousal
Spousal can change. He can be made redundant, his circumstances can change which could lead to revision
A 50% split of equity does not seem
Right when you gave much equity, and primary care of a minors. He also has greater mortgage ability

What would it look like if you had 100% of equity plus cms at 850?

ClumsyAnnabel · 09/07/2020 12:17

I'd be happy with that but I know from the financial disclosure he's not got the money to settle up. I was naive to go 50//50 without taking advice when we separated in 2016. I just wanted to play fair not realising how disparate our situations were and would continue to be, even more so.

I thought the whole point of spousal is that it couldn't be renegotiated in court? Thanks for your suggestions. I'm reminded of the phrase global maintenance. My solicitor suggested it as a less contentious way of presenting the settlement.

OP posts:
millymollymoomoo · 09/07/2020 13:48

Spousal can be renegotiated if there is a material change in circumstances - eg redundancy or other significant event. He can’t just stop paying at a whim but can take it back to court for a variation

Wannabegreenfingers · 09/07/2020 14:07

Stbexh on 84k, I earn £33k. We split the house 50 - 50, although I'm still living here until at least 2022. I took 33k from his pension, mine was left out as shit. We agreed on 700pcm for 2 children. His bonus doesn't come into the calculation, could be upto 30%. He does pay for extras, such as towards school trips and new shoes. I'm entitled to more, but trying to keep things civil, so have settled.

Rapunzel91 · 22/10/2020 11:25

My partner earned £130,000 at the time of his divorce and ex wife did not work. She receives £1500 a month child support and spousal maintenance. She now also works and lives with her partner (so sm should end). Ex pays for most clothes but my DP pays all kids activities and most shoes/more expensive clothes. We're also hoping to have kids in private education so will be paying fees (ex wont)
My DP now earns slightly less and I'm on 21k and we have a Dd together.

StarlightSparkle · 25/10/2020 07:40

My ex earns £120k plus and I am a low earner as job fits around kids and no family nearby to help with childcare.

He pays £900 a month for 2 kids plus money towards their activities and uniform and £1,500 a month spousal maintenance. The spousal is only for a set number of years until the kids are older and I can work more hours and earn more money. I’m still in the house.

When the house is sold I get 80% of the equity and I got a small amount of his pension. This was all agreed through mediation.

Your situation does sounds unfair and no way you should have only got 50% of the house, though I don’t know what can be done now you’ve already given him the money. If he paid you SM to help towards mortgage costs that would go some way to redress the balance.

Has he taken out a huge mortgage on the new place? As in terms of calculating SM you would need to look at all outgoings and see how much you each have left. If you have hardly anything left and he has loads then that is unfair and SM may be appropriate if you now can’t take a higher share of the equity.

Coffeeandcocopops · 25/10/2020 22:48

Child mtmce - CMS limit. Refused to pay more and wasn’t worth fighting in court over it. No spousal mtnce.
His pension was smaller than mine so we didn’t touch pensions;
60:40 house equity to me.
Solicitor drew it up and said it was fair. I had to return to work full time.

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