How much child maintenance should he be paying?

My stbx husband is a high earner (although of course he claims to have no money!). His form E shows that he earned about £200,000 last year! We have two children (age 17 and 14), both living with me. Is child maintenance supposed to be a % of his income?

This September, my daughter should be going to university. Does child maintenance then stop for her, despite the fact that I will be housing and feeding her etc in the university holidays?

We have not yet got a formal agreement on maintenance (either child or spousal), but it would be very helpful to know what the 'rules' are.

Many thanks xx

Hi
someone else will give you an 'official' answer I'm sure but here's my experience of it.
I am in a similar position...kids are a bit younger 13 and 15.

My solicitor has advised me that there is CSA calculation of 20% of net earnings that is used pretty much unilaterally....however apparently this only applies to the first £100k of earnings and anything above that is calculated differently. The child maintenance is entirely separate to any spousal maintenance or asset split - it's just for the children.

I believe child maintenance is a given until finished full time (secondary) education but uni/college fees are up for negotiation...but if yr kids are likely to go to uni you would think that any high earning dad would be proud to fund that...but who knows? I think the answer is to put the fees in as capital needs for the children in your Form E.

Apologies if any of this is wrong...it is only my understanding so I would be happy to be corrected for my sake as well as yours!

As to stbx income claims...funny how it changes form one year to next isn't it?! Mine shows very high dividends from his company for the last few years, but expected dividend for next year?

£0.00.

Yes a great big nothing. I wonder what the other directors think about that...are they happy to get nothing too?? And this a company on an upward curve, despite the credit crunch.

My nan had a saying..."I'm not as green as I'm cabbage looking" so BRING IT ON!

Anyway at least it shows that sadly you're not alone.

Hi

So is that 20% of net earnings for both children? ie. 20% x 2?

I appreciate that child maintenance and spousal maintenance are separate, but I think he is not even paying me enough child maintenance let alone any maintenance for me.

My stbx said on his form E that his income had dropped 20% this year, yet his figures show that it has actually increased!! They take us for idiots!!

Hi

No it's 20% of net income for 2 children - so I'm afraid you only get 20% in total.....

CSA rates are 15%, 20% and 25% of non resident parent's net income up to £2000k/week for 1,2 and 3 children respectively, minus 1/7th deduction for each overnight the children spend with the NRP. If there are children living in the NRP's household an allowance is deducted from the income before child support is calculated.

For income over £2k/w the courts may order top up payments but like spouse maintenance that is calculated by considering factors in s25 Matrimonial Causes Act 1973 so each case is treated differently.

When splitting assets and working out maintenance the needs of children over 18 in education and training are relevant and it is considered reasonable to provide a base for them even if they don't live there all the time.

Many thanks everyone - that's all really helpful.

Hi Athlete

My x is in the same line of work as yours. My CM is court ordered (pre 2003) and I have recently had it extended for each child, CM to the end of their first degree. My x can be a slippery customer so I was keen that maintenance continues to be paid via me and the judge agreed.

Pm me if you want any more details, get more advice re court ordered top up CM, over and above CSA rates.

xx