Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Flip

Original poster

Interim maintenance

13 replies

jenny99 · 06/06/2013 18:57

Hi - does anyone have any experience or advice re interim maintenance please?

It looks as though I will be moving to a new house before my divorce is finalised and finances are sorted out. My solicitor has said she can apply for interim maintenance and am just wanting to find out a bit more. Is this a 'normal' thing?

Thank you :)

OP posts:

mumblechum1 · 07/06/2013 08:57

Yes, it's not unusual, though often it isn't necessary if you manage to agree something between you which is recorded in open correspondence. Far cheaper to agree a figure than have to make an application to go to court.

ladymuckbeth · 07/06/2013 09:30

I've been told that if there is a large discrepancy in income of the two households, then it is very likely to be awarded. When you apply for financial relief, you would tick a box on the Form A to signify that you intend to apply for Maintenance Pending Suit. Unlike other proceedings, if it is awarded costs are also awarded, which makes it highly likely that an agreement would be arrived at prior to a court hearing. My lawyer has also advised me that it can be backdated.

My husband is steadfastly ignoring any requests or information regarding his intention to pay me interim maintenance... very frustrating because as mumblechum says, it would be far easier if we could just come to an agreement between the two of us.

Collaborate · 07/06/2013 09:35

It's only backdated to the date the application is made. Also it's meant to cover more basic needs than a final long-term maintenance award would. Is can no longer cover legal fees (the new Legal Services Order would cover those).

ladymuckbeth · 07/06/2013 10:41

That's useful to know, thanks :)

Can I ask, if it normal/acceptable for the NRP to deduct the mortgage and any other utilities he is paying towards the cost of our home off the child maintenance (20% of his net income) before paying it?

I am struggling to remain calm about the fact that the one of him is living on 80% of his (high) income whilst the three of us (me and two pre-schoolers) live on 20% of it and are otherwise living on benefits.

Collaborate · 07/06/2013 13:37

If you don't accept all the other stuff in lieu of CM the CSA won't accept it is CM. however he may decide to stop paying. That's when the court might order MPS.

ladymuckbeth · 07/06/2013 16:38

So far we haven't involved the CSA. Are you saying that unless he stops paying the court won't order MPS? Sorry, am confused. And I'm not able to refuse the payments in lieu, because he is deducting them himself (mortgage is in his name only).

Collaborate · 07/06/2013 17:08

Sorry. In not saying that. Court can order he pays as much as you need and he can afford, though needs are less generously assessed at this stage.

If you tell the CSA you don't accept him paying the bills as maintenance (esp if he's paying mortgage capital that he gets half the benefit of) then they won't count it as maintenance, but he might then simply stop paying them.

Original poster

jenny99 · 07/06/2013 17:50

Thank you - situation is that he is really dragging his heels making his financial disclosure and doing his form E, and my solicitor says I can move to this new house, and get interim maintenance. I have no income. I've been a sahm for 15 years, but am planning on starting something (that I have been training for), when youngest starts new school in September. I wouldn't even have enough money in my own bank account to pay any bills at all, though we have plenty in the joint accounts. It's all such a minefield!!

OP posts:

MatureUniStudent · 09/06/2013 21:26

I was in your situation. Get the CSA to collect child maintenance from your ex, assessed ASAP. Then "top up" interim maintenance can be court ordered. Do ur self a favour and get your family expenditure Done. Eg dc hot chocs at school = 80p a day = whatever per week. I hope that makes sense.

Original poster

jenny99 · 09/06/2013 22:22

Thank you - I have done my expenditure already. I have made it incredibly detailed. I'm also keeping tabs on every penny I spend so I know exactly where I am and what I need to survive etc.

I don't know anything about the CSA - my solicitor hasn't mentioned this at all - I think that my stbx will be eventually amicable, it's just this 'in limbo' time. How does the CSA work out maintenance? I don't think supporting the kids will be an issue, in terms of school fees, trips, etc, it's more the initial bills etc for a new home.

thank you

OP posts:

mumblechum1 · 10/06/2013 09:55

The child support is worked out on a very simple formula of 15% of the father's income for one child, 20% for two, and 25% for three and over.

Original poster

jenny99 · 10/06/2013 15:17

Thank you - I don't think he will dispute paying their maintenance, but it is the spousal maintenance I am confused over - which 'pot' does the bills/electiricty/etc come from? The child support or spousal? I just want to make sure I can pay the bills in a new home. I will be starting work, but it is something new, and the income will be a slow build up. Thank you

OP posts:

MatureUniStudent · 11/06/2013 06:16

Child maintenance is also for household bills. One big pot of spousal and child maintenance. I algamate my two payments to ensure mortgage etc is paid first then the rest is for feeding us etc. that's what the court said it was to work as. CSA was a life saver for me as stbex decided to stop paying anything. I have interim maintenance court ordered as otherwise we had nothing.

Flip