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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 19558
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My husband and I separated 18 months ago, we have a joint mortgage

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My husband and I separated 18 months ago, we have a joint mortgage and the children and I have continued to live in the house while he has paid the interest only mortgage. In this separation period I have qualified as a teacher and have a full time job starting in September. My husband has said he will no longer continue to pay the mortgage, that he will just pay me the 20% of his wages that the CSA state he needs to pay for child maintenance. This will equate to £400 per month. My question is, can I ask for him to pay money towards the mortgage on top of the minimum child maintenance payment he is currently prepared to pay, seeing as it continues to be a joint mortgage and he earns more money than I will be earning in my new job?
Submitted: 11 months ago.
Category: UK Family Law
Expert:  Stuart J replied 11 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
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What does he earn and what will you earn in your new job?
Customer: replied 11 months ago.


He earns £30,000 per year, although he has the potential to earn more as he is a firefighter and has 4 days off every week. He does no extra work that I am aware off on those days off. I will be earning £21,500 per year.

Expert:  Stuart J replied 11 months ago.
He is not liable for the mortgage or the bills of a house that he does not live in although he remains liable to the lender if you stop paying.
He is of course liable to pay child maintenance at CSA rates.
There is a possibility of a liability for spousal maintenance, maintenance paid to keep a spouse , as opposed to children. Although most commonly paid from husband to wife, that is not necessarily the case. Spousal maintenance is based on both incomes, ability to earn money, previous lifestyles and most importantly, need. It is not about equalising incomes. There is no exact formula, but these links will give some reading..

http://www.pannone.com/media /articles/family/family/spousal-maintenance-how-much-and-for-how-long

and

http://www.familylawweek.co.uk/site.aspx?i=ed33597

and

http://www.findlaw.co.uk/law/family/divorce_and_dissolution/maintenance/500184.html


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Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 19558
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Family Law Specialists are ready to help you

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