Advice

duchy

The way it works that the parent providing the children's main home is entitled to claim a percentage of the non resident parent's earnings to help support the children. If the non resident parent has the chidren to stay overnight over and above one night a week on a permanent basis then the amount of child support they are required to pay is reduced .

It doesn't matter if the NRP isn't earning - you still don't pay them and I'm really not sure why you think you should.

As your wife is presumably not working and claiming benefits she'll be paying nothing or a token amount like £5 -her expenses whilst she has the children are her responsibility. Not sure what you've put in the calculator but you've not entered the data correctly (perhaps you put that she is the one claiming child benefit - which she shouldn't be as it is only to be claimed by the parent the children live with)

She is not living with the children - and presumably also isn't having the children to stay in her new home now (two alcoholics looking after kids sounds scary) so why would you be paying her anything anyway.

Solicitors tend not to deal with benefits- as you don't believe what you are been told here I suggest you make an appointment with Citizen's Advice or call the CSA - both of which will confirm you shouldn't be paying.

theend?

She is not working and is not entitled to benefits - (she tells me) as she has not worked for the last few years.
I may have been confused by the calculator but not sure how - it asks how many night s the children are staying with her and then my income and hers, then shows as £40 a week. doesn't say anything about if the children stay more with me or her.

theend?

Sorry just reread your last post and her new guy (as far as I know, don't no anything about him) is not an alcoholic to my knowledge. she just seems to have decided she would like to be single and act like she doesn't have any responsibilities which is why I am changing my plans.

theend?

Have spoken to CSA today and you are correct I do not have to give her any child maintenance money.
I have sent off the child benefit form now to put it back in my name and rang the solicitor to put the house transfer on hold until I can go in and see them, really didn't want to go this route as I wanted to remain on good terms but as she isn't speaking to me anyway at the moment I guess ive nothing to lose.

TBagpuss

In terms of the house, a clean break with the house transferred to your sole name may well be the best way forward, you and she would bneed to aree on whether the fair slit would be for her to have half of the equity, or whether an unequal split would be fairer. You will also need to consider whether there are any other assets which need to be sorted out, such as pensions, savings etc, and also whether there are any debts which ned to be taken into account.

It would be sensible for any financial agreement to be confirmed by way of an agreed order (if you are getting divorced) or in a Separation Agreement (if you are not divorcing at this stage). If you simply pay her money from house without any formal agreement she might potentially come back and ask for more in the future.

You may find the wikivorce forums helpful.

I would however recommend that you go to see a specialist family solicitor (look for one who is a member of 'Resolution') who will be able to give you more specific advice about your personal situation.