Spouse main

[lylajean1]

Hi I’m new here so bare with.. me and my husband have separated since September and I’ve now just been to see a solicitor and he’s mentioned spouse Maintenance my circumstances are I earn around 17k working full time with 3 children under the ages of 16 I get csa payment of £544 per month and that’s been lowered as my ex told them he’s living with his new girlfriend and her 2 kids, he earns around 100k a year it’s not amicable at all, he left me for this girl and I’m in a big house with big bills and doing it all on my own, one fo my children had learning difficulties and he’s offered no help or support as it effects his new family his words, he had them 2 days a week but drops them like a stone to go on holiday and then I have to call work and can’t go in.,, my question is! Can I really apply for spouse maintence? I get tax credits now and can he say he pays all this new girls bills and fiddle his finiancial statements? She owns her home not him he’s just moved in, I am upset as I have no extra money each month and he’s been abroad 3 times since September with his gf and kids
We’re do I stand

Giving this a bump for you.

100k per year? I would think you are entitled to spousal maintenance. Aside from the £544 is he paying for mortgage, bills etc?

He pays nothing at all apart from that not even dinner money x but he takes them out for meals and days out so if I ever even mention it he says he does them things, I used to be able to do all them things and now I can’t and I just feel like I’m letting the kids down Cos I am not in a position to do anything that cost money, I’m not greedy I’m managing I really am but by the skin of my teeth he even left me with debt and took my car it’s awful

Name change fail OP.

I would look into spousal support if I was you. See a solicitor.

If he earns £100k pa, how is he only paying £544pm in child maintenance ? Are all of the children his?

He has them to sleep 2 nights a week, plus he got 14% off as he told them about the other 2 kids at his new home

I think it might be difficult to persuade a judge to give you spousal support if your working full time to be honest. Spousal support is usually based on 2 things - first the income of the person paying it and secondly the earning power of the person receiving it. So if you had been a SAHM who had stopped working to raise the kids then you would likely be entitled to some as I was but as you have kept your career going it could be argued that you don't need to be supported. It's unfair I know.

However, you could use the fact that there is a big different in earning power to get more than 50% in the asset split. Whats your housing situation?

My situation is we own a home but we rent it out, as it’s so small and I rent a property which was our family home now and was while he was here, I’ve stayed here don’t have equity in the owned property and I can’t move back as one son has a disability which requires him to have his own bedroom
I do work full time now but I didn’t before I brought up the kids, I really need to drop my hour to care for my son but I can’t do I’m always off work or taking half days it’s a mess.. I’m sure I can manage for now but it just means the ex has the money to do the move things with the kids and I just can’t whicj is a luxury I know and I should complain about that so if I offended anyone I’m sorry x

Just want to add my ex had told me (in messages) he will NOT support me in any meetings or anything to do with my son who needs extra help in and out of school can I drop my hours and use this in court to prove I can’t work full time due to lack of support by him x

You can certainly try. Is it his son too?

Yep all are his