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My wife has 2 children 15 and 17 from a previous marriage and she gets maintenance for them from their dad. If we get divorced (after 6 years of unhappy marriage) is she entitled to any maintenance from me. I already pay for my own son from my first marriage . . if that has any bearing on the matter.
Please help!

Retread Sat 11/10/08 00:05

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Ethel
Sat 11/10/08
00:26

If your wife wanted to claim maintenance for her children she would have to apply to the court, not the CSA.

As the children are being maintained by their father, it is unlikely that the claim would be successful, but not impossible. I would say that in view of the children's ages and the length of the marriage you would not be liable for maintenance.

The court would consider that the natural parents are perfectly capable of supporting the children - unless there is a reason (disability?) why the mother cannot go to work.

However, if you are fabulously wealthy and the children have enjoyed a much higher standard of living than their father would have provided, then there is a remote chance of the court awarding maintenance.

Sorry it isn'st a straightforward yes or no answer.

Retread
Sat 11/10/08
00:40

Question Author

Thanks Ethel
Any ideas about spousal maintenance? I am not fabulously wealthy and her ex husband and I are of similar means so I wouldnt expect to be forced to pay for my step kids (wanting to is another matter but it all depends on what I am left with , , , hence the original q)
I presume rightly or wrongly that our combined assets will be split 50/50 :0( but I was more worried about my ability to start again (ie what is left in the bank each month) or am I going to be slaughtered again!

Ethel
Sat 11/10/08
08:52

Not necessarily 50/50 - both of your circumstances will be looked at.

No court is going to make children homeless, but that doesn't mean you will have no financial interest in the family home.

In complicated divorces like this you really do need a solicitor.

Retread
Sat 11/10/08
23:42

Question Author

Thanks Ethel a great help
regards . . . .

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