Good morning. Thank you for thequestion. It is my pleasure to assist you with this today. I apologise for thedelay.
Until such time as you start divorceproceedings, you cannot make your wife contribute to any household expensesalthough, if you have no income and as a result, any children are neglected,she could face prosecution for that.
Until such time as you start divorceproceedings you are simply a spouse that is short of money.
As part of the divorce proceedings,you can apply to court for a court order whereby she will be ordered todisclose the extent of her income savings and assets and to do so under oath.
TheCSA (Child’s Support agency)/CMS (Child Maintenance Service which deals withnew claims) changed the way they calculate liability for child maintenance afew years ago and made it a lot more complicated.
Itused to be based upon take-home pay but now it is based upon gross pay. Fulldetails are below but if you want a rough estimate, it is 15% for one child,20% for two children, and 25% for three children or more of take-home pay.However it is now based on gross pay and not net pay. It does not take intoaccount savings, only income.
CSA/CMSrates of child maintenance for a non resident parent earning £200-£800 per weekgross are 12% for one child, 16% for 2and 19% for 3 or more children living 100% with the resident parent.
For gross incomes incomes over £800 per week up to £3000 per week, theneverything over £800 per month he pays 9% for one, 12% for two and 15% forthree children or more.
That is reduced by 1/7 for each 52 nights the child stays with thenon-resident parent. There is also a reduction in the non-resident parentis responsible for other children. The rates increase for higher earners anddecrease for low earners.
Child maintenance is payable till the children reach 20 years old or leavefull-time non-advanced education. Non-advanced education is generally classedas a level, not University, but there are some further education courses whichare not classed as advanced. Full-time courses can be as little as 12 hours perweek.
Advanced education courses include: a degree, Diploma of HigherEducation (DHE), NVQ level 4 or above, BTEC Higher National Certificate (HNC)or Higher National Diploma (HND), teacher training
'Non-advanced' education includes the following: GCSEs, A levels
NVQ/SVQ level 1, 2 or 3, BTEC National Diploma, National Certificate and 1stDiploma, SCE higher grade or similar
The CMS booklet is here
Which contains lots more info
Thereis a possibility of a liability for spousal maintenance, maintenance paid tokeep a spouse , as opposed to children. Although most commonly paid fromhusband to wife, that is not necessarily the case. Spousal maintenance is basedon both incomes, ability to earn money, previous lifestyles and mostimportantly, need. It is not about equalising incomes. There is no exactformula, but these links will give some reading..
And here is an interesting and informative article withregard to the division of finances in general
Depending on the value of the house,if you are going to be the resident parents looking after your son on aday-to-day basis, you may be able to remain in the house until your son isindependent or, virtually indefinitely if he is going to be needing careindefinitely.
If the house was worth, say, £100,000,with a £90,000 mortgage on it, you would certainly be able to stay in thehouse, depending on the level of the child’s disability,until he was at least 18 and only then would it be sold.
If however, the house is worth £1million with no mortgage on it, the chances are the house would be sold now andthe proceeds divided 50-50.
I’m not certainwhether that answers the question for you or not but I am happy to answer anyspecific points arising from this.