Advice re Maintenance

Redchick

My husband pays maintenance to his ex for his son. Our financial situation has changed greatly over the past year and he's hoping to get the amount reduced. My question is will my income be used when the maintenance amount is being decided. I have no legal obligation to maintain his son and I know according to the order that all manintenance payments cease if (god forbid) my husband was to pass away.

I'm getting conflicting advice about this -my friend and her husband has been through a similar sitution and her income was definately not included. Our solicitor is saying my income will count, but she also told him he could claim tax relief on maintenance payments and finally -the affidavit of means does not list spouse's/partner's income as assessible income, it only asks for income received by or receivable by the maintenance debtor.

Sorry for long post but hope someone can help.

Jeege

Hey Redchick,
Your income shouldnt count. Like you said, you have no legal obligation to maintain his child. Your husbands full income will be assessed, as will all his outgoings. The only way your name should even arise is say on a mortgage statement or lease agreement, and this will be irrelevant to the maintenance case.

And like you already mentioned, there is no section on the affidavit for spouses income etc, and it is this affidavit that they will assess his means from (as well as P60 etc)

So don't worry, it's nothing to do with you or your income.

Redchick

Thanks so much Jeege. Think we need to look into getting a different solicitor.

Jeege

No worries,
Hope all goes smoothly for you.

ElectraBlue

You don’t pay for child support but if you are living together - your income maybe a factor is deciding what proportion of the house bills/loans the father is responsible for, in order to show how much disposable income the father has, for the judge to determine what maintenance he should pay.

Unless you earn significantly more than him you have nothing to fear from declaring your income.

In my case both Ex and his partner's income must be brought before the Judge, this was the Judge's request not mine.

Eoineo

Hi Redchick.

First of all he will be unable to claim tax relief on maintenance paid as you are married, that's regardless of whether he has a maintenance agreement with someone else. Your solicitor is completely wrong on this - which makes me wonder how much else they are wrong about?

Your income isn't assessed BUT when you are living together your income has a bearing on how much he pays towards household expenses. If you're both earning an equal amount then there is no need to mention how much you're earning but you should simply divide all the shared household expenses in two before he puts these costs onto the affadavit of means. If you're earning significantly less then if I were in your shoes I'd put my income on the form. You can then show that your stepson isn't the only person being supported by your husband.

I hope that helps.

Redchick

Thanks guys. Haven't been on in ages so sorry for delay.

ElectraBlue I can understand my income being used to assess our household outgoings and to work out hubby's disposable income. I presume so that the fact that the ex has someone living with her, then his income will also be assessed regarding household costs etc. If that's the case then fair enough.

Unfortunately Eoineo my income is higher than hubby's esp now that his hours have been halved, but I do pay a higher share of the household bills etc.

We also have a son together and it really bugs me that me and my son have to go without and make sacrifices but his ex and son don't. We can't even afford to bring our son to courtown but she had 4 foreign holidays in 2009.:mad:

Anyway rant over. Sorry if I sound like a petulant child but fair is fair after all. I work damn hard for what I earn and do as much overtime as I can.

Eoineo

Redchick the legislation states that the parent should provide for each of their children equally. When submitting his affadavit of means he should allow for spending the exact same amount on each child but also taking into account that you equally support your son.