Cms advice

[purplecat26]

Hi,

I’ve split up from my husband a few months ago and looking for some advice re maintenance. I work part time my kids are primary school age. He earns around £60k year I earn £18k a year with some top up of benefits on top of that. He’s still in the marital home and I’m renting. We are doing 50/50 split.

At the moment he is paying me below the maintenance calculator suggestion around £100 less. It’s just an informal arrangement between us. He also pays for half the childcare and kids clubs which still is below the suggested maintenance amount.

Would I be entitled to the maintenance through the cms service or no because we are 50/50? I’m in receipt of the child benefit.

Any help greatly appreciated as the advice is so conflicting.

I have got a solicitor but I’m not sure how helpful she is, she was like it’s up to you about going for the pension. Ex wants to do a diy agreement which is then agreed and looked over by both solicitors but I don’t think this will work but I’m scared about the fees. Have tried to access legal aid but can’t find anyone around here.

There are two separate issues here

firstly the divorce settlement
yiu need full disclosure and settlement and this includes pension. You may decide to not take pension but this could be used to negotiate higher equity share.

you won’t get occupational rent as he’s paying all the mortgage - you are paying rent,

you have a right to remain in the house and any solicitor would have advised you not to leave

this sounds like a needs base divorce and weighting will be given to housing child adequately- you both have the same housing needs.

he's not a high earner and by the time you add in child benefit and uc your monthly income might not be as disparate as you think.
your settlement will consider your income and full time earnings potential not simply the 18k you earn pt now. Ex won’t be expected to supplement pt wages.

you should have a solicitor

Secondly
on the cms / if it’s 50:50 shared care there won’t be any cms. In cases of very significant earnings there could be but your ex does not fall into this category. If you go for this he could also charge you your share of mortgage - weigh up the outcomes

My solicitor told me to leave if it was affecting my mental health, which it was. I wouldn’t have been able to afford the mortgage on my own anyway. She also said she was pretty sure I would be entitled to maintenance.

I think some of the things you are speaking about apply in England, I am in Scotland so I know the way divorce is dealt with slightly different.

I’m now thinking I’ll just tell my ex to keep the maintenance and we can go through a proper divorce keep everything above board and go through full disclosure and through our solicitors.

Scotland is different in a divorce which follows a more rigid formula whereas England is more needs based

so in Scotland as I understand only assets acquired or accumulated on value post marriage and pre separation are included and much more likely a 50:50 split of those

I don’t know about Scotland but what I do know is that the divorce settlement is a one time only deal. Almost certainly you have been financially disadvantaged by having children. Absolutely go for half of everything that you are entitled to. Even if it’s hard and he makes it difficult for you. You don’t want to look back in 5,10,20 years time and regret not getting a fair settlement.
He is breaking the law by refusing you access to the home, you would be quite within your rights to move back in. If you are joint tenants and are both on the mortgage then you are jointly and severally responsible for paying the mortgage. Just because you aren’t paying it doesn’t mean you don’t own half the equity.
So it doesn’t matter how determined he is; what matters is the law.