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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.

Clean break divorce & child maintenance (for a friend)

7 replies

GothamGirl1970 · 12/02/2021 11:15

Hi hive mind
As I have no children and am not divorced, and my friend is embarrassed I said I would ask here. I have anonymised some of the unimportant details for privacy.

My friend (Mummy) has been divorced over 4 years and was divorced when I met her and is still divorced/single. She has 2 lovely children both under the age of 12. She is somewhat under 40 and until the last 16 months never had to work even before marriage and is only educated to A levels due to generous parents, she and any siblings received the same financial treatment.

The father is also not university educated and earns about £45,000 a year.

The former marital home was chosen by mom pre children. Ex husband bought it ( with a mortgage) kids happened and then it ended in divorce.

Apparently according to Mum and our now mutual friend group it was acrimonious at best. For some reason my friend Mum insisted on a “clean break” divorce whereby Father would sign over the house to her, her parents would pay off the mortgage, Father would have no claim to the house or (and I presume this is the main reason for the clean break) any future inheritance(s) mum would receive in the future. She wanted no spousal support or child maintenance from father.

Apparently that is what was entered as the order. Father didn’t feel good about not paying child maintenance so he started savings accounts for the children paying in more each month than he would have been ordered to pay in maintenance and those statements get sent to mum.

I’m not in the know about what happened, if Mum and grandparents fell out or if whatever the source of grandparents sizeable gifts dried up, but whatever happened it necessitated Mum to find a job. Which she did, and luckily considering no education, experience and COVID, found a job that would fit the children’s school schedule, is over £20,000 a year. Like most of us has been on furlough for some time.

She now wants to pursue Father for child maintenance. Is this possible? Especially since the clean break, the no spousal, no child maintenance was at her behest?

As I have no children I don’t know what is reasonable here, Mum has no mortgage, a 2 year old paid off ‘brand car’, and because of the job has a weekly take home between £350-£400.

To add: this is no where near London and I have no idea how much children cost so please excuse my ignorance.

Thank you for any responses.

OP posts:
BlowDryRat · 12/02/2021 11:21

AFAIK you can't have a clean break that cuts off child maintenance. Child maintenance is from the non-resident parent to support their child, not their former spouse, so has nothing to do with the divorce.

GothamGirl1970 · 12/02/2021 11:23

So basically she can apply even though she has no bills and a job?

That’s great because it’s really all about the children!

OP posts:
BlowDryRat · 12/02/2021 12:04

Yes. It's for the children, not her.

Justbecause88 · 12/02/2021 13:51

Yes child maintenance can be claimed, she should speak to their father and explain. If he’s been putting money into an account for them it shouldn’t make a difference to then physically give it to her. Use the maintenance calculator on the CMS website to work out the correct amount, your friend can then decide if she needs the full amount or not and let her ex know.

freeingNora · 12/02/2021 19:42

This is not the case if she accepted the equity in lieu of maintenance and the ex husband relinquished his half of the house

She can go to cms but if he sends the court order in she'll be on a hiding to nothing because a private court ordered arrangement already exists

MrsBertBibby · 12/02/2021 23:20

No Nora that is completely wrong.

The court has no power to dismiss child maintenance claims. She just has to call CMS.

SpaceRaiders · 12/02/2021 23:28

She doesn’t have to go to court. Just make an application via CMS. It’s all fairly straightforward, although I’d suggest she has a discussion with her ex in the first instance, I can only imagine if he hasn’t been contributing in any way since the divorce, he won’t suddenly like having to.

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