I AM DIVORCING MY SPOUSE, HOW MUCH MAINTENANCE SHOULD I PAY
There are two types of maintenance, namely “child” and “spousal”.
In relation to child maintenance, if you are the parent who does not have day to day care of the children, and you live in England or Wales, the Child Support Agency (CSA) can deal with calculating the amount that you should pay, by applying a set formula.
If you can reach agreement with your spouse as to the amount that you should pay then the County Court can make an order but this will only be binding on you both for one year.
If agreement cannot be reached then generally the Court does not have the power to make an order except in exceptional cases. An example of an exceptional case would be where your income exceeds certain thresholds or where maintenance is required for a specific type of expense such as private school fees.
In relation to spousal maintenance, the Court can deal with calculating this and the amount payable will be a matter for the Judge to decide if agreement cannot be reached between the parties.
The Judge will consider your income and that of your spouse, your earning capacity, your ages and for how long you have been married. The Judge will also consider whether you or your spouse have any physical or mental disability, the standard of living enjoyed by your family, outgoings and general expenditure, before reaching his decision.
There is no set formula as there is with the CSA. It is unlikely, however, that you would have to pay more than 50% of your net income but there is no Court ruling specifically preventing this.
A realistic and balanced approach must be considered between the needs of you and the needs of your spouse. The Court must be fair and not order maintenance at a level which is clearly impossible for you to meet.
The level of maintenance to be paid by you must be considered based on all the facts .
It is important to take legal advice before negotiating or entering into any agreement.
Andrew Newton
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