Taking my ex to court

Hello.kitty

I am at present in the process of divorcing my husband.
We have had mediation and although he says he will pay child maintenance I am asking him for extra money by way of spousal maintenance. I have 2 children, one is 7 the other is 18months. I work part time and get working tax credits, but will still be in deficit each month.
My part time job is well paid and changing to full time is not possible and another job wouldn't pay as much.
My question is, as he is refusing to pay any more money and I take him to court how much will it cost, only a rough idea.
The reason I ask is because I don't want to risk paying out more than I stand to receive. I have asked a couple of solicitors and they are vague. I was wondering if anyone had experienced it first hand and could guide me.
We are talking about an amount of about an extra £400pm, he earns over £60k.
Thanks.

Comms69

It's very (VERY) rare to get spousal maintenance.


You don't seem to have any special needs and therefore I see no reason why a court would award you this.


You work, receive benefits and a generous amount of child maintenance.


If you cant afford to maintain yourself and your kids on that, you need to look at your lifestyle choices.

Rubik

It wouldn't be unreasonable to request SM for a set period of time, say until your youngest starts primary school. This is not uncommon - despite what Comms69 might think.

It's difficult to advise in any detail without know what's in the "pot" to share.

Comms69

Rubik wrote: »

It wouldn't be unreasonable to request SM for a set period of time, say until your youngest starts primary school. This is not uncommon - despite what Comms69 might think.

It's difficult to advise in any detail without know what's in the "pot" to share.

It is very uncommon.


It's also morally questionable but that's subjective.

Rubik

Comms69 wrote: »

It is very uncommon.


It's also morally questionable but that's subjective.

And I would argue (based on many years experience of working in family law) that it isn't as uncommon as you are trying to make out.

But this is getting away from trying to help the OP who I notice, is brand new here.

Mojisola

Hello.kitty wrote: »

We have had mediation and although he says he will pay child maintenance I am asking him for extra money by way of spousal maintenance. I have 2 children, one is 7 the other is 18months. I work part time and get working tax credits, but will still be in deficit each month.

We are talking about an amount of about an extra £400pm, he earns over £60k.

You could put up a SOA on the Debt-free Board and people would help you reduce outgoings.

Tammykitty

If he is earning £60k - you are probably getting £146 a week already.


You ex earns around £700 a weeks (if student loan, pension etc), possibly £800.


Now lets assume you work 16 hours a weeks at £10 an hour - that's £160, and running this through the benefits calculator, you would be getting over £200 in benefits. (So this is the minimum amount of money you should be getting if working)


So you get weekly - £504 (Wages, benefits and Maintenance)


You ex gets - £700 - £146 (Maintainence) - £550 a weeks.


I doubt with figures like this you would be entitled to spousal maintenance.


And if you get the extra £100 a week, you would have £604 and your ex £450


What is the housing situation?
Are you in the family home - who pays the mortgage?
Is the EX in rented?

Comms69

Rubik wrote: »

And I would argue (based on many years experience of working in family law) that it isn't as uncommon as you are trying to make out.

But this is getting away from trying to help the OP who I notice, is brand new here.

Well I haven't stated a percentage so im not sure how you can say that, but regardless.


The OP has no special needs as far as I can tell - nothing stated - and the husband hardly earns a fortune.


Their income will be broadly similar.

Hello.kitty

I don't want to go into too many details. I have done my calculations and the mediator has suggested an amount for him to pay, she agree's that I am in need of some extra money, I am not asking for a life of luxury all I want is to be comfortable with my kids. During mediation today he said that if I couldn't afford to keep them then he would apply for custody as he intends to set up home somewhere he intends to buy. ( I wont be able to afford that I will be looking at over £1k per month rent. All I am asking is does anyone who has been down this road have some info on the total cost of going to court.

Comms69

Hello.kitty wrote: »

I don't want to go into too many details. I have done my calculations and the mediator has suggested an amount for him to pay, she agree's that I am in need of some extra money, I am not asking for a life of luxury all I want is to be comfortable with my kids. During mediation today he said that if I couldn't afford to keep them then he would apply for custody as he intends to set up home somewhere he intends to buy. ( I wont be able to afford that I will be looking at over £1k per month rent. All I am asking is does anyone who has been down this road have some info on the total cost of going to court.

Mediators should not make suggestions or pick sides.


He kind of has a point though, whilst it's also rare for fathers to get primary care responsibilities - if hes the more capable parent then it may be an idea.


In any case the court will decide this as part of your divorce surely

elsien

It's not possible to give a figure, as it depends on how messy things get. But potentially expensive.
The last time I checked with a solicitor on behalf of a client a couple of years ago we were quoted a rate of £150 per hour, and depending on how involved the case was it could cost anything from £2000-£8000. They also did bundles where certain services could be bought as needed.

https://www.moneyadviceservice.org.uk/en/articles/how-to-pay-legal-fees-on-divorce-or-dissolution