Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

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 - no child maintenance

28 replies

LegoCity2021 · 17/09/2021 11:14

Does any one have any info or experience with opting to split assets more heavily in favour of the resident parent and agreeing there will be no child maintenance payments (instead of starting with a 50/50 split and child maintenance payments from the non resident parent to the resident parent) ?

Is this what a "clean break" means ?

Not sure whether this is a good or bad idea.

OP posts:
CanIPleaseHaveOne · 18/09/2021 18:52

@LegoCity2021

I'd love him to put it in writing *@Bollindger* - he won't even respond to the solicitor/petition at the moment. I suspect I'm in for a protracted battle involving courts and solicitors swallowing plenty of our joint funds so that he can make a point/stand on principle/refute the unreasonable behaviour etc etc.

@77wasmyyear - how did you do the sums regarding the value of the foregone child maintenance ? Was an accountant involved ?

Paying tax on the up front maintenance value seems a little unfair compared to not being taxable income when received monthly @CanIPleaseHaveOne

Hey Lego - re the tax issue, we live abroad. :)
LegoCity2021 · 20/09/2021 16:07

@LemonTT

You've totally hit the nail on the head about my fear of lawyers

I've become aware this weekend that his plan may be to string the divorce process out until he reaches the age at which he can start drawing down on his previous employers pensions and his private pension so that he can "retire" early with just enough income to live on for himself. This naturally substantially reduces any child maintenance payments calculated on his income, compared to if he was working.

We're somewhat older than average divorcing parents so he won't need to hold things up for for very long at all in order to achieve this.

He'll therefore never willingly agree to settle a lump sum instead of paying child maintenance as he's clearly not intending on paying much at all.

He sees this as undermining me financially, as revenge for instigating a divorce, when really it's him not supporting the kids properly and to the best of his ability.

OP posts:
Timeforachangetoday12 · 20/09/2021 16:31

It’s a really difficult one and I’m not sure that it’s always the right idea/ difficult to put in place.

I only know one couple who have done this their child was around 14/15 at the time. She took on the house - she did still have to pay out a lump sum as equity in the house to him but it wasn’t a large share. It was the only way she could take on the house & she also didn’t need to hope he would pay monthly CMS!

Due to the child’s age they don’t really go for shared 50/50 care - more they dad child arrange adhoc lunch/dinner / walks etc but she had always done most of the childcare anyway.

New posts on this thread. Refresh page