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Spousal or Extra Child Maintence
#1
If you were to pay your ex £1k per month in maintenance. 

Would you pay it in extra Child Maintenance, £1k and seek a clean break (expecting one day your earnings to be a lot higher than they are now).

or would you pay part in CM and the rest in Spousal, taking the risk that the award could go up or be extended, but also know that if she married or cohabited you would be free?

Undecided
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#2
(10-25-2018, 07:20 PM)SherryDan Wrote: If you were to pay your ex £1k per month in maintenance. 

Would you pay it in extra Child Maintenance, £1k and seek a clean break (expecting one day your earnings to be a lot higher than they are now).

or would you pay part in CM and the rest in Spousal, taking the risk that the award could go up or be extended, but also know that if she married or cohabited you would be free?

Undecided

You would be breaking the law if you paid Spousal as Child Support, as only Child Benefit and Child Support do not count for means tested benefits.

For her to get Spousal, you need to earn over 35k a year, and she needs to show she was disadvantaged by decisions made in the time you was married.

You need to look at her employment and wage at time of getting married.

Did she have to reduce hours, miss out on promotion etc due to the needs of the family.

If she did, the Judge needs to take a view on how long she needs to get back on track, with Orders up to 3 years being more common these days.

I would put CMS in for the sake of £20 for them to work it out. Your then protected if your income changes by 25% either way, if you end up on benefits, if you or a new partner who either of you get child benefit for starts to live with you or if the contact arrangements change.

You can always pay more if you wanted, in a seperate transaction when she has to buy uniform etc.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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