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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.

Maximising income - How do courts deal with this?

6 replies

SwallowsAmazons · 06/05/2024 13:57

One partner works fewer hours through choice claiming it was done in order to care for the children, (no way to prove this isn’t the case) but could earn a decent salary, higher than the other parent’s maximum earnings if they went full time. Currently this is affordable as both still contributing to household costs.

Will the courts insist on the other party working more hours or will they get more equity of the home to house themselves? They won’t be able to house themselves or raise a mortgage on current earnings, but would be able to purchase a bigger home than the other party if they work full time.

OP posts:
Elektra1 · 06/05/2024 14:03

Depends on factors not included in your OP. Have they gone part time since the separation or were they always part time? Do they even have the option to go back to full time currently?

Courts do expect parties to maximise income but only to the extent this is actually possible. If the person has been part time for years and it's not immediately possible to return to full time then consideration will be given to that. It's not as straightforward as saying "just get a better paid job": no one knows how long it might take to find another job.

millymollymoomoo · 06/05/2024 14:22

Typically will consider if part time what the full time Salary would be

SwallowsAmazons · 06/05/2024 15:46

Elektra1 · 06/05/2024 14:03

Depends on factors not included in your OP. Have they gone part time since the separation or were they always part time? Do they even have the option to go back to full time currently?

Courts do expect parties to maximise income but only to the extent this is actually possible. If the person has been part time for years and it's not immediately possible to return to full time then consideration will be given to that. It's not as straightforward as saying "just get a better paid job": no one knows how long it might take to find another job.

Yes their current employer is desperate for them to work full time. They could increase their days at any point with the same employer.

I wasn’t sure how much weight the caring for children reason carries given we are talking about children in mid to late primary school, not babies or toddlers. Also the fact they could work additional days on the days they don’t have the children as we share care.

OP posts:
arethereanyleftatall · 06/05/2024 15:56

Mid to late primary aged children still need looking after before 9am and after 3pm every school day, on the approx 15 weeks of the year that is holidays, and on average another week for illness, the week of inset days, the week of bank holidays, the doctors/dentist appointments that arent available outside of school hours, ad hoc strike type days etc.

Who is doing that or paying for it to be outsourced?

SwallowsAmazons · 06/05/2024 17:39

arethereanyleftatall · 06/05/2024 15:56

Mid to late primary aged children still need looking after before 9am and after 3pm every school day, on the approx 15 weeks of the year that is holidays, and on average another week for illness, the week of inset days, the week of bank holidays, the doctors/dentist appointments that arent available outside of school hours, ad hoc strike type days etc.

Who is doing that or paying for it to be outsourced?

There is wraparound care, we can both use. I am usually the one to take time off from work to cover sickness and arrange and take the kids to medical appointments. We have shared care so holidays are evenly split, Inset days are covered by whoever’s day it is. Neither of us work bank holidays.

Surely by primary age both parents should be expected to work full time and use child care if they can’t financially support themselves by working part time? Particularly in 50/50 shared care where one parent is having to manage the same responsibilities whilst working full time hours?

I can’t see how either of us will be able to make a clean break and adequately house ourselves otherwise.

OP posts:
arethereanyleftatall · 06/05/2024 18:03

Well, if you can't afford between you to adequately house both of you without both working full time, then there isn't any choice.

Pensions/other assets need to be evened out too.

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