Income or Maintenance issues during a divorce
If you separate or
divorce
you are likely to have less money coming into the household. There
are two types of maintenance:
1. Money for you
2. Money for your children
Money for you
Often the most immediate issue when
you separate is what your spouse should be paying if you
are left in the house. There is no set magic formula
for this.
S25 Matrimonial Causes Act 1973 sets
out a list of things that a Judge would have to consider
when deciding what level of payment should be made.
Maintenance can be agreed, or ordered on an “interim”
basis and the level of payment may change, or stop
altogether, at a later date eg. upon sale of a house.
As a general rule, it is important
that the household bills and mortgage are paid until
what is to happen to the house is finally sorted out.
This is particularly important where
there are children.
A District Judge would take into
account income of both husband and wife and the
outgoings of each of them. It is often a very good
starting point to sit down with your bank statements and
draw up a list of your direct debits and outgoings, such
as how much the food shopping and petrol are each week.
Make sure you are doing your best to
get as much income into the household as you can eg. by
claiming tax credits if you are eligible. Work out what
your shortfall is of outgoings as against total income.
If there is not enough money to go round, then any
outgoings which are not “necessities” will be discounted
by a Court. If you cannot reach an agreement, an
application to the Court can be made.
Money for your children
The Court’s power to make orders of
child maintenance is now greatly restricted by the Child
Support Agency. The circumstances in which the Court
can make orders are not common eg. if a child is
disabled, or if school fees are to be paid.
The Child Support Agency website is
comprehensive and provides guidance about the rates that
would be paid, if an application were made to them. If
you come to an agreement, and are divorcing, the
agreement about child maintenance can be approved as a
Court Order making it enforceable through the Court in
the event that the payer fails to pay.
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