Wife suing for aliment ....how much will she get?

MonkeyLoo

Hi All
Rather a bad time for me at the moment.
My ex is suing me for aliment which is like spousal maintenance in Scotland. We are not yet divorced and the law apparently is that we have a duty to provide for each other until divorce is final.
Its the pretty common case of my ex having possession of our child and using the child to extract money from me.
Anyway, my position is that I have just started my own Limited company with myself as director.
I am only drawing £150 per week as salary and plan to do that for a year until I get things running.
My question is what would my ex have a claim to if I am only officially earning £150 per week?

Thanks in advance for any advice.

thorsoak

"having possession of our child"? A child is not property! Do you mean that s/he has custody of your child? How old?

Gigglepig

So how do you intend to pay for your child?

Presumably he/she needs to be fed, clothed, have a nice home to live in, go to activities - so I assume you will pay a good amount towards that before accusing your ex of using he child to extract money from you?

MonkeyLoo

I do pay for my our 2 year old child and have done since birth.
Agreed...a child is not property but are often used in this way.

Gigglepig

Personally, I would think about how I could make some extra money towards my child's living costs, to give them the best I could, rather than focus on what the minimum was at I could get away with.

If you only make 150 pounds a week the minimum contribution (CSA? in Scotland? ) will presumably be a pittance, which is not great for your child.

MonkeyLoo

I have savings that cover child maintenance and yes I do pay more than the £150 per week earnings based support. However my question was what is my position on spousal maintenance.
My ex is making unrealistic claims so I would like to limit my liability.
My question wasn't about CSA or denial of contact

HappyMJ

MonkeyLoo wrote: »

I have savings that cover child maintenance and yes I do pay more than the £150 per week earnings based support. However my question was what is my position on spousal maintenance.
My ex is making unrealistic claims so I would like to limit my liability.
My question wasn't about CSA or denial of contact

Dividends and retained earnings also count. How much are they? What expenses do you have? Whatever is left split it 50/50. If you want to limit your liability then spend more.

Gigglepig

Hopefully someone will come along who knows something about how they calculate the spousal aliment part.

However it seems it will depend on both your and your ex's general financial circumstances. If she needs supporting, and you have the money to support her, but choose to put the money into the business instead, perhaps they will look at your overall situation not just the salary you draw.

Is she a SAHM and you supported her before you split up? Or does she have a salary of her own? Have you already split all your other assets/savings/equity/car?

itsanne

MonkeyLoo wrote: »

Hi All
I am only officially earning £150 per week?

So you are actually receiving more than that but don't want to let on?

Money you secretly make will affect your childs's wellbeing.

You are responsible for your child, end of.

:mad:

marisco_2

Gigglepig wrote: »

Personally, I would think about how I could make some extra money towards my child's living costs, to give them the best I could.

I think that is what the OP is aiming to achieve long term, but it takes time to get a business off the ground and to make it profitable. By asking what his ex has claim to, it doesn't automatically suggest he is trying to get away with paying a bare minimum. Just realistically looking at his outgoings so he knows what he has left to budget with.

OP I would discuss this openly with your ex and come to a mutual agreement together over what you will provide.

peachyprice

Hold on before you hang, draw and quarter the man.

Read properly, this money is to support the WIFE, not the child, he said he's paying child maintenence out of his savings.

Jesus.