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How much maintenance?

6 replies

Btrsun10 · 28/11/2017 06:47

Hi,
My first time here and I hope someone can offer some insight please?
My ex and I split 9 years ago. We have 1 daughter aged 14.
In the last 9 years he has not paid maintenance regularly although he has given me £1000 here and there.
He was training for a career but had a bad accident a few years ago which left him unable to take this any further and had to give up the course.
He is 53 years old and so will be eligible for state pension in 14 years.
He has worked sporadically over the last years, giving up jobs after a few weeks saying that he cant be bothered working and is due his big claim and borrowing from his friends and family to survive.
In the last week he has received his claim and although I'm not 100% certain I have reason to believe that he is in receipt of £280000. This covers his injuries and loss of earnings.
He now wants to give me £100 a month for child maintenance.
He does not and never has our dd overnight and sees her approx. once per month for 1 hour where they go to a caf! for lunch.
He feels that £100 is more than sufficient as I earn £18500 and am in receipt of £157 TC and £82.80 CB.
I doubt very much that he will work again now that he has this money.
If I were to go through official channels would they take his claim payment into account or would they simply look at his yearly earnings, which will be nil and award me the minimum?
I guess my question is, is the £100 per month offer the best I am going to get from him?
Thanks for any advice.

OP posts:
panicmodeenabled · 28/11/2017 09:06

Go to child maintenance.
They use HMRC to work out his earnings and what would be a fair share for you.
You might find out that you'd be better off accepting his offer- though I doubt it.
My Ex only has to pay £25 a week- and he never does. He earned £15000 last year but only £4500 this year.
They used last years earnings to calculate that, so hope he gets his life sorted and stops scrounging soon!

IceniLacuna · 28/11/2017 09:11

It would seem logical to me that if the payout is due to cover him for loss of earnings then a proportion of it is due to you to cover you for the loss of the CM that you would have been due had he been earning. But I am not an expert and do not know if it works like that.

PigletWasPoohsFriend · 28/11/2017 09:13

Is he working or not? If not then it will be very difficult for CMS.

If his accident was that bad that he received a quarter of a million pounds then it would have been significant and probably requiring on going care.

Racmactac · 28/11/2017 10:18

Cms will only be interested in his income.
You should make an application under schedule 1 of the children act. Go and get some legal advice

Jerseysilkvelour · 29/11/2017 11:48

I think you have two separate issues here

Firstly maintenance going forward. Should not be based on your income at all. Take the £100 or negotiate something else with him.

Secondly the lump sum. I don't think you're entitled to any of it but you should definitely get legal advice about it. Would you be happy if he put some aside for the children in accounts in their names? University fund? Might be a better approach than trying to get him to give you the money.

Ellisandra · 29/11/2017 14:56

Ex husband or ex boyfriend?
If husband and you divorced without a financial consent order, now could be the time to discuss his new asset with a solicitor.

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