When it comes to choosing a family solicitor where do you start? Well there are many ways, from phoning friends and family, to scouring the internet or even picking up the phone and speaking to one of the family law firms that advertise on the back of buses or at hoardings at the railway station. Those may be some ways to choose a family solicitor but I suspect that using those methods you will not chose one that is necessarily right for you. Why it is so important to choose a family law solicitor that is right for you Getting divorced or taking part in children or financial court proceedings is stressful. It is still going to be tough, whatever family law solicitor you chose. However, the process will be easier if you find a family law solicitor you can work with and feel comfortable instructing. Some family law solicitors may be great academic lawyers but you do not feel able to talk to them and tell them about personal matters or tell them what you want.  Other family law solicitors may offer cheap price divorce and financial settlements but you may question how approachable they are and if you are getting the best service. Questions to ask when choosing a family law solicitor When you chose a family law solicitor, you are likely to be working with them for some time so it is important to choose with care. I deliberately say ‘’working with’’ as a family law solicitor should not tell you what to do. Instead, they should talk to you about what information is needed, assess your legal options, and help you make informed choices, whether that is a referral to mediation, the commencement of court proceedings or an agreed financial settlement. Who will you be instructing? That is not as stupid a question as it sounds. In some family law firms you may see a partner on the first meeting but not speak to them again as they will delegate the work to a junior solicitor or paralegal. That can be frustrating if you chose the firm based on the recommendation to an individual family solicitor or thought that the price quoted for the advice was based on an experienced senior solicitor carrying out all the work for you. Many family solicitors delegate work and normally it is in your interests that they do so, but you need to understand who will be helping you. Is the solicitor a specialist? Most people assume that a solicitor knows what they are doing but is your solicitor a specialist in family law. Do they do a bit of family law as well as property law and Wills? Nowadays professionals will specialise in one area of law. In large firms or niche family law firms, you will find solicitors that specialise in child law or child abduction or financial settlements or prenuptial agreements. You may not think that your situation is so complicated that you need a specialist but a specialist solicitor may be more efficient in resolving your legal problem or come up with potential solutions that you have not thought of. Has the family law solicitor provided the cheapest quote or lowest hourly rate? When it comes to choosing a solicitor the one who quotes the cheapest price for the job or the lowest hourly rate will not necessarily end up as the cheapest solicitor. The old adage ‘’ you pay for what you get’’ applies. If you chose a solicitor with a lot of experience they may quote a higher hourly rate than a junior solicitor may but they should be able to focus on the key issues and help you reach a speedy resolution, rather than end up in court proceedings. If you are offered a quote for the ‘’job’’ check there are no hidden extras such as court fees or VAT. Also, check to make sure what the quote covers. It pays to read the fine print in a price guide as if you are offered a fixed fee divorce does the quote cover meeting a solicitor or being able to ask questions, or will your instructions be processed online or via a call centre. How does the family law solicitor propose to resolve your case? This question may sound like another daft question but it is not. If the solicitor talks of court proceedings as the only option then their ‘’can do’’ attitude may be appealing to you. However, court should be seen as the last resort. Court proceedings are expensive and no solicitor can guarantee an outcome. A solicitor, who takes a more measured approach and talks of the keys issues and how to compromise to reach a negotiated settlement, whilst still achieving your goals, may get the same result for you, but without the expense and trauma of court proceedings. [related_posts] Do you like the family law solicitor? Liking your family law solicitor is not an essential part of choosing your solicitor but it does help to either like or respect them. After all, you will be working with them, as a team, so you need to be able to talk to them about your personal and financial affairs and have confidence in them. If you like your family solicitor then it makes it easier to reach a children or financial settlement. That is because when they suggest a compromise or a solution you know you will feel comfortable discussing the pros and cons with the solicitor and can have an honest discussion about whether or not you would get a better deal by going to court. Remember though, however much you like your solicitor you are the one who is in charge. They may offer advice, support and guidance on your legal options but the choice is yours. For information about how Evolve Family Law can help you, please contact us

Deciding whether to separate is never straightforward, whatever your circumstances. Sometimes the decision is not of your making and that can be as difficult to come to terms with. At Evolve Family Law, we talk to clients who are: • Not sure of what they want to do; or • Clear that divorce is the right option for them; or • Have been separated for many years and want advice on changing or enforcing financial or children court orders. Many people are wary about taking divorce advice because they think they should know what they want to do before they see a solicitor. That is not the case. Experienced solicitors always like to discuss options so you can make an informed decision about what is right for you. Should we separate? That is a tough decision that only you can make. As experienced Manchester divorce solicitors, we can talk to you about your legal options and potential outcomes. Many people canvass views from friends and family when deciding whether to separate. Everyone has his or her own experiences and agenda but what Evolve Family Law will not do is push you into a separation or divorce. When should I tell my partner? Timing can be crucial, as you may want to think about making sure that you have access to funds, your paperwork and possessions before talking to your partner. You may also want to make sure that you or your partner can have space away from one another. For some people that involves making sure they can stay with friends or family or that their partner can do so. If you are worried about your partner’s reaction, you may need an injunction. Talking to the children Ideally, parents should talk to children together so that the children know that both parents are going to continue to look after them, but in separate households. There is a lot of information and support available for both parents and children to help parents answer children’s questions in an age appropriate way. Leaving the family home It is always sensible to take legal advice from a Manchester divorce solicitor before leaving the family home. Many people think that if you leave the family home you will lose your claim to a share of the property. That is not the case but the decision to leave the family home can have a big impact on the children and on how long it can take to reach an agreement. Legal advice is therefore key to making the right decision, rather than feeling pressurised or desperate to leave, as you do not know your options. Secure your computer and your documents If you take the decision is taken to separate you may want to keep some information private. Think about changing passwords for your phone, laptop or computer. At a later stage, you will need to provide your financial documents and paperwork. If you are concerned that your partner may remove your paperwork make sure that you put it in a safe place as it can take time to obtain duplicate information. Joint bank accounts and credit cards If you and your partner have joint bank accounts and credit cards you may want to think about making sure that funds are not taken from the accounts. Ideally, this is something that should be agreed. However, if you fear that funds could be taken then accounts can be frozen or overdraft or credit facilities reduced. Many couples who are able to split up on an amicable basis continue to use a joint account until they reach a financial settlement. This is not appropriate for all families. [related_posts] Maintenance and child-support People worry about paying bills if they split up from a partner. Ideally, after taking legal advice, you and your partner will discuss financial support to include spousal maintenance or child maintenance until you decide, on a long-term basis, how assets and property should be split. Taking advice from a Manchester divorce solicitor will help you know what is fair and reasonable. If you cannot reach agreement then mediation may help you sort out temporary financial arrangements. If you and your partner struggle to agree then the court can make temporary financial support orders. Whether you decide to separate, divorce or stay Evolve Family Law can help you explore your legal options so you can make an informed decision. For legal help with divorce proceedings and financial claims or childcare arrangements please call Contact Us Today

As a Manchester divorce and family finance solicitor I spend my days negotiating financial settlements or representing clients in divorce and financial court proceedings.   However, after many years of experience in family law, I appreciate that even after you have secured a financial court order it is not over until a husband or wife has received their divorce financial settlement. The high profile case of Farkhad and Tatiana Akhmedova really emphasises just how difficult it can be to enforce a court order and get the money after a divorce financial settlement. The case of Farkhad and Tatiana Akhmedova In 2016, an oil and gas tycoon, Mr Akhmedov, was ordered to pay about 40% of his wealth to his wife, Tatiana. The award by the high court in London was hailed as one of the biggest divorce settlements at the time that it was made .That is because the Russian billionaire had been told by a London judge to hand over about 453 million to his ex-wife. Roll on two years; Mr and Mrs Akhmedov have hit the headlines again. Mrs Akhmedov has finally received some of her divorce financial settlement. The path to her getting the money has been far from straightforward. Mr Akhmedov reportedly did not agree with the court decision, believing it to be wrong. That left Mrs Akhmedov with a financial court order that said she should get a 90 million-art collection, property in England worth 2.5 million, a £350,000 car and a 350 million cash payment. However, the reality was that she had little more than a piece of paper from the court that was only worth anything if it could be enforced. Applying for a freezing order after the settlement As Mr Akhmedov had not complied with the financial court order and handed over the cash and property in accordance with the financial court order Mrs Akhmedov applied for a freezing order. She then employed specialist asset tracers to try to locate and unravel ownership of assets to ensure that she got her financial settlement. Although the figures for Mr and Mrs Akhmedov are eye watering it is nonetheless the case that freezing orders have to be considered either during or after financial court proceedings. After all, there is little point in obtaining a financial court order if it cannot be enforced because the assets have disappeared through sale or transfer to third parties. Recovery of assets after the divorce settlement The asset tracers employed on behalf of Mrs Akhmedov have recovered a helicopter that was used to transport people to Mr Akhmedov’s yacht. It is reported that the sale of the helicopter has raised just under 5 million. The yacht is impounded in Dubai. There is ongoing legal argument over seizure of the 300 million super yacht and the recovery of other assets. Enforcing the court order You may wonder why Mr and Mrs Akhmedov are locked in such an expensive court battle. The rationale behind Mr Akhmedov’s objection to complying with the London financial court order is, at its simplest, that he does not believe the London high court had jurisdiction to make the financial court order for a variety of reasons. Furthermore, Mr Akhmedov maintains that the assets are held in trust or by companies and therefore the financial court order cannot be enforced against them. Enforcing court orders: getting the money after a divorce financial settlement You may question how the case of Mr and Mrs Akhmedov is of relevance to anyone other than Russian oligarchs. However, the principles of enforcing court orders and getting the money after a divorce financial settlement are just the same whether you are seeking to recover multi millions or thousands of pounds. [related_posts] Tips on enforcing court orders after a financial settlement In my experience when it comes to getting your money after a financial court order it is sensible to: Plan ahead : ideally you should take legal advice before you separate so that you know where you may stand financially ; Get a tenacious solicitor : you will need a solicitor who is proactive and a specialist family lawyer if you need to try and find assets during the financial court proceedings and recover assets after the financial court order has been made; Think about enforcement and recovery when negotiating the financial settlement: sometimes you want the holiday property in Barbados as part of your divorce settlement. It does however reap rewards if you think about how easy it will be to enforce the court order before you finalise the financial settlement; Take advice on injunctions to preserve assets: if you fear your spouse will deliberately sell or transfer assets to defeat your financial claims you can apply for what is known as a section 37-injunction order; Take care with the wording of the financial court order: make sure that the order is expertly drawn up to help with enforceability. For example , if the court order says the family home is to be sold anticipate issues and have clauses put in about how the sale price will be determined or what happens if you receive offers on the property and cannot agree on the sale price; Do not delay: if you have a financial court order and it has not been complied with in the court ordered timetable do not delay in enforcing the court order. Delay may be very prejudicial to you, for example if your spouse is at risk of bankruptcy or might leave the UK making it harder and more expensive to trace assets. It goes without saying that as well as needing a tenacious divorce and family finance solicitor you also need to be equally tenacious and patient. These are skills that Mrs Akhmedov has probably had to learn since her 2016 financial court order. For legal help with financial claims in divorce proceedings or enforcing financial court orders please Contact Us Now

It is often assumed that divorce and family money in trust is the preserve of the ultra-wealthy but that isn’t always the case as was established by the court proceedings concerning Henry and Ellen Wodehouse. It is reported that the money placed in trust by the late Earl amounted to about £600,000 but the trust fund was a discretionary trust with 15 potential beneficiaries including Mr Wodehouse’s stepmother. Henry Wodehouse, the third son of the Earl of Kimberley, whose claim to fame was that he was the most married UK peer having tied the knot 6 times before his death , has hit the headlines as a result of his own divorce. Why is that newsworthy? Henry Wodehouse’s divorce has hit the headlines because the financial battle between him and his estranged wife centred on money held in trust, set up under the terms of his late father’s Will. The case of Henry and Ellen Wodehouse was the subject of media reporting after it was said that Mrs Wodehouse was reduced to living on her brother’s boat after losing a Court of Appeal case that centred on whether she should get a £90,000 payment. Trusts are also often thought of as ‘’old money’’ but in Mr Wodehouse’s case the money had been placed in trust by his late father, rather than generations earlier. When a family court considers divorce and trusts the court’s first consideration is whether the trust is a nuptial trust or a non-nuptial trust. If the court finds that the trust is a nuptial trust the court has wide powers and can change who benefits from the money in the trust. If the trust fund is found to be a non-nuptial trust then the family court powers are far more limited. Normally  the court would focus on awarding the spouse who was not a beneficiary of the trust fund all or a greater share of the family assets , on the basis that the spouse who was a discretionary beneficiary of the trust fund would likely receive either capital or income distributions from the trust fund. Sadly that solution didn’t work for Mrs Wodehouse as, other than her husband's very modest pension, there were no other assets as all the equity in the family home had been eaten up by secured debt, leaving the trust fund as the only asset of substance until the Court of Appeal ruled that the particular trust was of a type that could not be ordered to pay Mrs Wodehouse a lump sum payment or be ordered to pay the amount to Mr Wodehouse to then hand over to his ex-wife.   Mr and Mrs Wodehouse married in 1992 and separated in 2011. During the marriage   Mr Wodehouse had his share of financial difficulties, being made bankrupt in 1990 and 2010.  Mrs Wodehouse had health problems making working difficult. The couple went to court to sort out how their property and money should be split. It was ascertained that whilst they owned a family home there was no money in it as there was more debt secured against the house than equity in it. Where did that leave Mrs Wodehouse? The first judge said she should get a lump sum payment and a share of her husband's pension. Mr Wodehouse appealed to the Court of Appeal saying that he had no money to pay the lump sum and that the court could not expect the trust fund to pay the amount of £90,000 to Mrs Wodehouse. His barrister argued that the trust fund was a discretionary fund, Mr Wodehouse had no entitlement to the trust money and the trust had not been a party to the original financial court proceedings. The Court of Appeal, whilst expressing sympathy for Mrs Wodehouse’s financial predicament quashed the lump sum payment but it did maintain the pension sharing order that provides for Mrs Wodehouse to receive half of her former husband's police pension. The income from the pension is modest and will not go anywhere towards discharging the reported family debt. How can Evolve Family Law Manchester Divorce Solicitors Help? The Wodehouse case is a cautionary tale but it should not deter spouses from making financial claims involving trusts. Equally the case highlights the importance of estate planning. Had the money not been placed in trust by Henry Wodehouse’s late father it is debatable as to whether the money would still have been available for Mr and Mrs Wodehouse to litigate over given the creditor’s claims but, through use of estate planning, money has been preserved. For legal assistance with trusts and financial claims on divorce or any other aspect of family law please contact us. Appointments available in Manchester and Cheshire.

You may get a call or a letter through the post asking you to go to Mediation to discuss the future arrangements for your children or to resolve whether you should sell the family home and how you should share the pension. That first contact with a mediation service can be very intimidating, not deliberately, but just because you perhaps have not initiated the contact with the family mediator or because you do not know what will happen at the first family mediation session. Keeping an Open Mind About Family Mediation Where do you start? Well as an experienced Manchester family finance and divorce solicitor I would say start with an open mind about family mediation. Some people think, from the outset, that mediation won't work for them because their spouse or ex-partner will be too difficult and won't be prepared to discuss or negotiate. You may be right but, in my experience, mediation sessions can result in even the most entrenched spouse coming round to a compromise. The question then is whether the compromise works for both of you. If so, the agreement that you reach in mediation can be converted into a binding financial court order that is approved by the court in divorce proceedings. Solicitors and Family Mediation Some people assume that solicitors don't believe in the benefits of family mediation. They assume that divorce solicitors want all divorcing couples to go to court to get a judge to decide how their money and other assets should be split. We're not like that, and we fully believe in mediation and support the process from beginning to end. We do however accept that ‘’one size doesn’t fit all’’ – we fully believe mediation is the right option for some couples, but accept that for others court or arbitration are the best routes to reaching a fair financial settlement. Why do I say that? Well, if I see someone who is worried that their spouse is hiding money or transferring property or investments to family members, all the indications are that family mediation isn’t appropriate and that financial court proceedings should be started as quickly as possible to preserve the family assets, and, if necessary, get injunction orders.      On the other hand, if I meet someone who has been invited to a mediation information and assessment meeting (MIAM) or to their first mediation session and they are feeling very daunted and a bit vulnerable because they don’t know as much about the family finances as their spouse then I see my job as to support the client through mediation support and not try and encourage them to start financial court proceedings. Ultimately, if mediation doesn’t work for the couple, court proceedings may have to be started but the non-court option should be explored first as , with a help from a Manchester divorce solicitor, the client can feel more empowered and less vulnerable during the mediation sessions. Mediation Support Often separating couples think that consulting a divorce solicitor and going to family mediation sessions are mutually exclusive. They are not as a divorce solicitor and family mediator have two completely different roles. As a Manchester divorce solicitor my job is to give you: legal information and advice about divorce proceedings ; and advice about the extent of your financial claims , for example , if you have a pension sharing order claim or spousal maintenance claim; and talk to you about the information and paperwork needed to help you reach informed financial decisions in mediation ; and the types of orders that a court might make if you or your spouse were to ask the court to decide on how your assets should be split – this isn’t to encourage you to litigate and go to court but to ensure that you can make informed decisions about any financial agreement that is discussed in mediation , bearing in mind the costs and risks of financial court proceedings ; and   Support between the family mediation sessions to help clarify what was discussed, review financial disclosure within the mediation sessions and explore your options; and If agreement is reached in the family mediation sessions and the mediator prepares a memorandum of understanding setting out the agreement in broad terms then converting the agreement and financial information into a draft financial court order and financial statement of information for a judge to then approve and make into a binding financial court order. Family mediation isn’t the easy option for spouses or solicitors as it takes a lot of courage for many spouses to attend mediation sessions. It also takes specialist divorce solicitors who are prepared to support you through mediation and work with the family mediator to give the mediation sessions the best chance of succeeding. Success often comes through a spouse feeling legally empowered in family mediation sessions by knowing what their legal rights are and having a divorce solicitor working for them and providing legal support in the background. Appointments are available in Manchester and Cheshire, contact us today. [related_posts]

Few of us can't have been moved by the sight of photographs of Ant McPartlin being greeted by what appeared to be his rather boisterous Labrador dog after the two of them had spent time apart following his separation from his wife, Lisa. All specialist divorce and children solicitors know the theory behind child attachment and the damage that can be done if, as a result of a separation, one parent loses touch with a child. In an age where we treat our pets as mini humans, with doggie day care, and a vast array of outfits and treats, not to mention the doggie Christmas stocking, it really isn't surprising that as an experienced Manchester divorce solicitor I am increasingly asked 'who gets the dog' as part of the divorce and financial settlement negotiations. On many occasions I have gained the impression that the dog is just as important as money considerations. Many people without pets, and some family solicitors and judges, just don't get that. In my experience sometimes a husband or wife wants the dog as a means of hurting their spouse, knowing just how important the animal is to their husband or wife, or as a means of continuing control through allowing the occasional access visit. For other couples it is a genuine dilemma with both husband and wife thinking that the dog is better off with them. So if a couple just can't reach an agreement over who should get the dog then it can be left to a judge to make a decision as to the dog’s future. The Law On Who Gets Custody Of The Dog For dog lovers it is hard to credit but when it comes to divorce and financial settlement negotiations or court proceedings a dog is treated, in legal terms, as if he or she is a piece of furniture that just happens to be a living and breathing creature. What does that mean for the dog? Well it means that a divorce judge will not be able to decide on if the dog should stay with the husband or wife based on the judge’s assessment of the spouse who is most likely to meet the dog’s physical and emotional needs in the short and long term. Factors The Court Considers When Deciding Who Gets The Dog? What the court will not be influenced by is the doleful eyes and whimper. Instead the divorce court will look at factors such as: Who paid for the dog; and Was the dog given to the other spouse as a gift; and Who has paid to look after the dog, for example paid for the daily doggie day care or the vet’s fees? Nowhere on that list is the dog’s preference if he or she could have a say or even vote with their feet. [related_posts] Using The Dog As A Bargaining Tool Using a child and threats of child custody battles as a bargaining tool in financial settlement negotiations is depreciated but as an experienced Manchester divorce and financial settlement solicitor I still see cases where the dog is being used as a powerful bargaining tool in a divorce settlement. You can imagine the conversation, ‘’ you get Rover, and I get to keep the house’’.  Some spouses feel backed into a corner knowing that if a judge had to decide who gets the dog then the judge would not find in their favour, despite the dog being better off with them. Shared Custody Of The Dog It isn't that uncommon for a spouse to offer to share the care of the dog, often in a last ditch attempt to try and reach an agreement. For some couples that arrangement might work, especially where there are children and the dog and the children follow the same shared care parenting regime. For other households sharing the care of the dog would just add to the animal’s confusion, especially if there is no consistency in the dog’s routine or diet. What Can You Do To Gain Custody? When it comes to sorting out who the dog should live with you may need a tough negotiator, a solicitor who can stand back from the emotions and guide you on your legal options and the likely prospects of success if you were to pursue a court application for the dog.

As a Manchester divorce solicitor I get asked the question ‘do I have to pay child maintenance and the mortgage’ a lot. People want to know where they stand financially if they are contemplating a separation or divorce or are thinking about leaving the family home. Read on to find out. We Are Manchester Divorce Solicitors If you need legal advice about paying child support and the mortgage or need help with reaching a financial settlement then Manchester divorce solicitors at Evolve Family Law in Whitefield can help you. Contact us today. Paying the mortgage and child support The answer to the question ‘do I have to pay child maintenance and the mortgage’ all depends on your housing circumstances and financial position. Giving expert divorce solicitor advice depends on carrying out the right fact finding to give the correct legal answer. That is because resolving financial claims on separation or divorce is a bit like putting a jigsaw together, you can't look at one piece in isolation to the rest of the picture. Questions on child support and the mortgage To answer the question ‘do I have to pay child maintenance and the mortgage’ a Manchester divorce solicitor needs to know the answer to these sort of questions: Do you own the family home either in your sole name or jointly with your ex-partner? Are you married to your ex-partner or in a civil partnership or were you in a cohabiting relationship? Are the children your biological children or your step children? Are you named on the mortgage, either as a party to the mortgage document or as a guarantor to the mortgage? Is any member of your family a guarantor to the mortgage? Is there a cohabitation agreement or deed of trust or prenuptial agreement that sets out what should happen if you separate from your ex-partner in relation to who keeps the family home and who pays the outgoings and mortgage on the family home in the event of your separation? Have you or your ex-partner left the family home already? If so, are you paying rent and what is the amount of the rent? Is the mortgage an interest only mortgage or is it a repayment mortgage? Are there any linked endowment policies? Are you already paying child maintenance under an assessment by the child maintenance service? Are you already paying spousal maintenance to your estranged husband or wife on a voluntary basis or under a court order? How much are the mortgage payments? Would the mortgage company agree to a mortgage holiday without your credit rating being affected? How much is your rent? How much is your income and how much is your ex-partner’s income? What are your current financial commitments and essential expenditure? You can see from this long list of questions that the answer to whether you should pay both child maintenance and the mortgage isn't always straight forward. The answer will depend on the status of your relationship, the way you own the family home and your financial situation. Joint or sole ownership of the family home If you are a joint or sole owner of the family home and your name is on the mortgage deed then if the mortgage isn't paid then this could affect your credit rating. That applies whether or not you are living at the family home or have moved out. When you decide to separate or divorce it is important to maintain your credit rating as the mortgage company may not agree to the mortgage on a jointly owned family home being transferred out of joint names into one partner’s name if there are or have been mortgage arrears. Equally if you can't get the family home transferred into your ex-partner’s name and your name released from the mortgage then you may find that you can't get another mortgage company to offer you a new mortgage to buy a new property. The long term implications of souring your credit rating mean that it is essential that both you and your ex-partner think about the potential long term consequences of not agreeing who will pay the mortgage on the family home. [related_posts] Rules on child support and paying the mortgage If you are paying child support under a child maintenance service assessment you may think that your child support payments should cover the cost of the mortgage on the family home as well as gas, electricity, food for the children and their clothes. The answer depends on a number of factors: If you aren't married to the child’s parent and the family home is owned in their sole name (rather than in joint names or your name) then all you are legally obliged to pay is the child support amount. With most legal answers from a Manchester divorce solicitor there is a caveat; if you are a high earner your ex-partner could apply for top up child support from the court or they could apply to court on behalf of the child for housing help. If you are married to the child's parent and the family home is owned in their sole name (rather than in joint names or your name) then if the child support payments aren't enough to cover the mortgage payments and other household bills then your spouse or ex-spouse could apply to court for spousal maintenance . This type of maintenance can be paid on a short or long term basis. To make a decision on whether spousal maintenance should be paid the court would look at both of your incomes and reasonable outgoings and your respective needs. If you are paying child support for your child under a child maintenance service assessment but you are also paying the mortgage on the family home that you used to live in with your ex-partner then provided that your ex and the child are still living at the family home you can ask the child maintenance service to carry out a special expenses variation to reduce the amount of your child maintenance service assessment. The variation application will only work if you don't have any legal or beneficial interest in the property. What are my next steps? I have only touched on a few potential scenarios and answers to the question ‘do I have to pay child maintenance as well as the mortgage‘. It just isn't possible to give an expert answer to ‘do I have to pay child maintenance as well as the mortgage’ without all the relevant facts relating to your personal and financial circumstances. When you are looking at sorting out your finances after a separation or divorce it pays to take expert legal advice from Manchester divorce solicitors as I have often found that people either pay too much in financial support (resulting in their ex-partner being unwilling to move on and sell the family home) or too little (resulting in court applications for spousal maintenance and contested financial claims). Taking expert legal advice from a Manchester divorce solicitor will help you get the balance right in deciding whether you should pay both child support and the mortgage.

Many are unsure as to what child maintenance covers; it is defined by the government as being the ‘financial support towards your child’s everyday living costs when you’ve separated from the other parent’. Should you have a good relationship with the other parent, you may be able to privately agree a ‘family-based arrangement’ between yourselves. If this is not possible, you will need to get the Child Maintenance Service involved. We Are Manchester Child Support Solicitors If you are worried about paying or receiving child support or need help with reaching a financial settlement after your separation or divorce then the Manchester divorce and child support solicitors at Evolve Family Law in Whitefield can help you. Contact us today. Child support and shared care of the children If you have a shared parenting arrangement (the child spends the same number of nights with each parent), neither of you is obliged to pay child maintenance, even if one parent has a higher income or fewer outgoings. Have a look at our blog who pays child maintenance when you share custody for more information. What does child maintenance cover? At its simplest, child maintenance is about providing your child with the food, clothes and home that they need to thrive and enjoy the best possible start in life. Ultimately, it is up to the parent with primary care responsibilities as to how the money is spent. Child support is the legal minimum that a parent must contribute to the upbringing of their child, although they can certainly pay more should they wish. Grounds to challenge a child support assessment There are four grounds to apply for variation of child maintenance payments which are: Assets over £65,000; Income not taken into account; Diversion of income; Lifestyle inconsistent with declared income   You can read more about challenging child support in our blog ‘How To Vary Child Maintenance Payments‘.   Who is a child for child support? Child maintenance covers a child under the age of 16, and those aged 16-19 who are in full-time education and have never been married or in a civil partnership.   What is not covered by child support? As part of any child maintenance obligations under Child Maintenance Service rules, a parent is not expected to financially support any step-children. Nor is a parent obliged to contribute to private school fees. If these are a concern, the court can intervene separately if a court application is made by a parent as those decisions will not fall under the umbrella of child maintenance. When there are financial constraints, child maintenance will always be prioritised over school fees. [related_posts] How is child maintenance calculated? When a family based-agreement cannot be reached, it is up to the Child Maintenance Service to determine the size of child support payment. The agency does so by following a set method and mathematical formula.   HMRC will provide the Child Maintenance Service with the paying parent’s gross income and establish whether or not they are receiving any benefits. Any pensin scheme payments are also taken into account. Additional considerations include whether or not the paying parent needs to financially support any other children, and how many nights the child is expected to spend with them. This information then affects the rate applied to give the final payment. This assessed child maintenance figure is broken down into a weekly amount.   Should the paying parent’s gross income exceed £156,000, the court can order additional child maintenance to be paid in accordance with the child’s needs. Online calculators are available which use the CMS methodology to provide you with a rough indication of the required amount of child maintenance.   What is the Child Maintenance Service? The Child Maintenance Service is a government agency who oversees the payment of child maintenance, assessing how much an individual needs to pay and enforcing that decision if they don’t meet their payments. The agency reviews the level of payment on an annual basis and whenever they’re notified about a significant change in the paying parent’s circumstances. The Child Maintenance Service can also assist with locating an absent parent and has procedures in place where parentage is disputed.