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Original poster

Maintainance

4 replies

mrscolour · 11/04/2011 22:50

Hi,

me and ex agreed at mediation last week that he would set up a direct debit to pay me maintainance. He reckons he spoke to a solicitor today who told him not to pay it because of money I took out of the joint account. I reckon he's talking b**cks. What do you think? I've just sent a message to the CSA.

OP posts:
cestlavielife · 11/04/2011 23:30

how much money did you take out?

10, 100, 1000, 10,000?

berrieberrie · 13/04/2011 19:52

Wow, he has a joint account with his ex? he's brave Wink

Yes, it depends on how much you took out and how much you put in. If you put nothing in and took out the same amount or more as the maintenacne then of course he doesnt have to pay you anymore... But if you are both paying money in and you took money out to buy stuff then he does still have to pay you.

I'm surprised his solicitor isn't adising him to close the account. You need seperate accounts in order to settle things...

hairylights · 13/04/2011 22:54

How much did you take out of the joint account?

STIDW · 14/04/2011 00:26

It doesn't matter that money was taken, the CSA only assess chid support from the time they receive an application and contact the non resident parent. The basic rate is calculated as a percentage of the NRP's net income minus deductions for any overnight contact with the NRP.

However, taking large sums of money from joint accounts may be deemed unreasonable and could be taken into account as part of the overall settlement. That may effect any potential spouse maintenance - eg if your ex has less capital he may require more income to pay a mortgage and that would leave less disposable income to pay spouse maintenance.

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