Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

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.

Interim spousal maintenance

7 replies

Threecrookedhearts · 08/04/2022 00:07

Does anyone know how this works? The situation is stbxh left end January and moved in with ow 100 miles away (so he's barely seen the kids). I've applied for the divorce and he's signed the papers. He's now got a solicitor who's told him he's overpaying me. So far he'd paid half the mortgage, half the loans (all in my name but joint debts) and £500 child maintenance. He's told me now he's only going to pay half the mortgage so I'll be £750 short on what he'd previously agreed. I need him to pay half the loans and to support his kids. If ow wants him she can let him live rent free. He can get all his meals for free at work and get all his travel paid through work. He's taken our family car as well that I paid half for (but of course that's in his name!). Could I get an interim court order to force him to pay? How much would this cost? If I lose would I have to pay his costs? I am not planning on hiring a solicitor (yet anyway).

OP posts:
TorringtonDean · 08/04/2022 00:15

He has to pay child maintenance on the CMS scale. If he refuses you can get it deducted from his salary direct. It’s in his interest to pay half the mortgage until the property is split. Solicitors are very unhelpful and expensive when it comes to divorce.

Threecrookedhearts · 08/04/2022 10:44

Sorry I didn't mean to post this twice. This didn't seem to go through so I posted again this morning. Thanks- that's my thinking. His solicitor sounds shit tbh that was her advice. What sort of woman would suggest he screw over his own children?

OP posts:
Fuuuuuckit · 08/04/2022 11:07

As per your other thread, if his income is only £37k the chances of any sort of spousal maintenance are practically zero I'm afraid.

Time to think about expenses op - what's your total household income now (assuming you have claimed all you can, as you say on your other thread you're the higher earner). What are your expenses? What debts are outstanding? (Those will be classed as debts of the marriage, even in your sole name, so don't worry that they're going to be your sole problem). Have you talked to all your creditors about your ability to pay - to maybe have a payment holiday from the mortgage perhaps?

TorringtonDean · 08/04/2022 11:39

Men unfortunately do screw over their own children all the time. My ex did! Solicitors encourage it and they love to say “it’s equality”. I’ll have a look for your other thread.

Orangutanteddy · 08/04/2022 13:10

You can't get money that's not there. 37 thousand isn't that high a wage.

SemperIdem · 08/04/2022 13:19

I don’t think an interim finance order is very likely given his salary.

He’s behaved appallingly and I genuinely feel for you to have been left in the lurch in this way.

VanCleefArpels · 08/04/2022 13:26

You need to crack on with the divorce so this can all be put in the “pot” for division. You won’t get maintenance, just a fair division of marital assets

New posts on this thread. Refresh page
Swipe left for the next trending thread