My partner - separated, one kid each, maintenance?

Hi,

Can I ask for advice?

My partner is separated, not yet divorced. His ex lives in the ex marital home with one of the children. She makes the payments on the mortgage which is low, works part time and gets various top up benefits.

Recently one child came to live with my partner and I after a Residency Order was granted at court, following the child expressing a preference of where to live. The other child lives with her mum. Neither child stays overnight with the absent parent, mum in one case, dad in the other.

We are trying to work out maintenance payments. I believe she should pay £5 plus a percentage of the amount that she earns over £100 but under £200 and she earns somewhere between £100 and £200 a week.

My partner earns more - about £400 a week including pension. I think from reading the various sites that his pension is excluded from income before the calculation for maintenance is made. He also is paying several hundred pounds in marital debt (taken on for house improvements etc prior to their split but in his name). He can prove what the money was spent on. Should he be able to take some of this off his money before calculation?

So one parent has one child, another has the other child.

Dad has a new partner - we live in a rented house, big enough originally for both children to stay at over the weekend, now one lives full time with us whereas the other doesn't want to come. My income is about the same as my partners, but I also have lots of debt and very little unallocated funds. Can they use mine to calculate maintenance?

Does he have any claim to equity in the ex marital home? How would the maintenance be worked out?

Any ideas would be gratefully received.

As far as the CSA is concerned the parent in receipt of Child Benefit is entitled to child support so the first thing your partner would need to do is apply for CB for his son.

Mum would pay £5 for the first £100 and 25% of net income between £100 and £200 for one child.

The basic calculation for H to pay would be based on his net income, minus an allowance of 15% for one child living with him, plus Working Family Tax Credits if he earns more than you. Child support would then be payable at 15% of that figure.

eg income £400 - 15% (£60) = £340
+ WFTC £100 = £440
15% = £66/week

He would then need to ask for the CSA to calculate a variation for family debts from the marriage.


As far as the capital settlement is concerned all the his/her/joint assets, including equity and the pension in payment, form the matrimonial 'pot' to share. The assets are then shared according to a check list of factors in s25 Matrimonial Causes Act 1973 and needs usually comes at the top or very near the top of the list.

Your income is only relevant in so much as you share living expenses which reduces his need. On his income spouse maintenance is unlikely.

Hope that helps.