Likely Maintenance Situation?

Currently awaiting FSDR, pending CETV. Delay getting to here owing to family proceedings for two years, which resulted in child arrangements. I am applicant as ex refused to engage in any meaningful negotiation during that time.

Solicitor yes remained confident throughout that maintenance wont come in to play, despite crazy (£1,200 pcm) demand by ex via Form A as respondent.

i'm 42, £70k p/a, renting.

she is 38, £30k p/a, just started new career (was employed before).

three kids - two youngest are diluted 50/50, teenage eldest lives with me full time owing to incident with ex two years ago during family proceedings.

only assets are ~£85k PoS from FMH, held by conveyancers for the last 18mths and pensions. Hers is only three years but starts new one in new job. Like is substantial, 18yrd public sector. Marriage was <8yrs and only together a year before that (I'm a cautionary tale).

she has been with partner about 2 1/2yrs and currently lives rent free with him and his parents but claims to be unable to afford to buy going forward where we live. Court mandates from family proceedings that children remain in their current schools. Her partner is about £35k p/a.

My partner of 18mths has struggled with the situation. Is listed on my paperwork as potentially cohabiting in next 6mths but has become unsure mid-proceedings, so is a bit of a variable. I'm hopeful it will work out.

so there's a lot going on there, but.,,..are there any thoughts on observations out there as to my solicitors view that she is not likely to be awarded spousal maintenance?

any views or ideas appreciated.

The Solicitors tend to know their courts better than most so that's a positive. Given you share the care of the youngest if there are no maintenance obligations and she has been housed for that long and seemingly had the children over then it weakens the arguments potentially I guess to change things.

What ages are they all given you state a 9 year relationship but a teenager from same relationship? How far are the younger two from secondary education which is potentially her barrier from increasing earnings maybe to use against you?

Your solicitor sounds about right. Spousal maintenance is very rare in the UK nowadays and it would be very unusual indeed to see someone on your income pay it unless the recipient was well into her 50s and had legitimate grounds for not being able to find work. It wouldn't be £1.2k either, that sort of amount is utterly ridiculous.

From what you describe her chances of getting SM start at nil and then go rapidly downhill from there.

However given the situation are you claiming child maintenance from her? If not you ought to.

Do either of you claim child benefit? I appreciate you would have to make large pension contributions or have your tax code adjusted so to repay it but a claim strengthens any claim for CM if CMS become involved.

Thanks - sorry, it’s been a month of chaos with work and struggles with the eldest. Also I posted quite late at night originally I think…I’d fall back on my ADHD for the hat-trick, but I think it’s just been busy…

Good clarification point - eldest is 14 and in fact my step-daughter. I’ve had PR through court since she was four and she’s called me dad since she was two. Biological dad is out of the country but sees her maybe twice a year and I’ve helped them reforge a relationship the last year (define ‘irony’). Youngest are 9 (twins).

She has started as a teacher last year full time. Her partner helps with childcare. She has no other family where we are but mine are on-hand, she just refuses to use them for free help.

Oh, interesting point on the judge - we went through the same court for my PR for the eldest in 2013 and residence vs her ex-husband (she married young, I met her whilst she was mid-divorce proceedings) if memory serves its the same judge now presiding over us on opposite sides of the table. Apparently he has a rep for siding with females...

Well, the judge can "side with females" I guess but they cannot turn the law entirely on its head. Any order for spousal maintenance in a case like this would be clearly wrong and dismissed on appeal.