If your spouse/civil partner was the main earner in the marriage or earned more than you and supported you financially then you may be able to apply for maintenance payments from them (‘spousal maintenance’ or ‘periodical payments’).
The amount that you could receive will depend on your circumstances, in particular your income and outgoings and your spouse’s/civil partner’s income and outgoings.
Child maintenance is different to spousal maintenance or periodical payments and is paid separately. A parent who does not live with their child (‘non-resident parent’) is under a duty to pay child maintenance to the child’s primary carer for the child’s living costs. The amount of child maintenance can be agreed between the parties, agreed in a court order or either parent can apply to the Child Maintenance Service (CMS) who will then make a calculation based on the net income of the non-resident parent and whether the children stay with them overnight.
Sometimes the parties will agree additional payments for the benefit of a child, such as payments for the child’s private school fees or nursery fees.
We can help you by:
- Helping you obtain financial information from your spouse/civil partner
- Advising you on a fair amount for maintenance
- Making your application to court or defending an application if the amount of spousal maintenance or periodical payments cannot be agreed
- Advising you on applications to vary the amount of maintenance
- Advising you of the likely legal costs involved
If you require further advice or would like to discuss arranging an initial meeting with a member of our family team, please contact us on 01689 887885 or fill in our Enquiry Form.