Should i pay maintanance whilst im still paying joint debts?

[Sinclair128K]

My wife and I seperated with no chance of reconciliation 4 months ago. We have a 9 month old daughter. My wife left me but i continued to pay the joint debts off - �1500 total per month, �750 of which she should be paying but i am covering. She now wants me to pay her an additional �300 maintannce for daughter - i said no problem once our joint home is sold and all debts paid off by sale. Can she claim this off me at the moment - even though she technically owes me �750 per month?

[Catso]

Always a contentious issue, and we don't have all the facts, but...

If the debt really was joint, for a joint asset, then you are - at the moment - jointly responsible. So, as you say, you are effectively giving her �750pm. Future ownership of the debt will have to be sorted as part of the settlement, and you should get the part you have been paying, on behalf of your wife, included in the settlement. (Maybe you know all this bit, sorry)

As to your actual question, I don't think she has a legal right to claim it (if she left you) at the moment but it won't look very good in court (if it comes to that) if you haven't at least to some degree provided for your child. Surely you also feel a moral obligation to look after your daughter, also? Saying you're already paying �750 is a bit disingenuous, as your wife and daughter aren't seeing any of that. Isn't caring for your daughter the most important thing? How will you feel about it 5 years hence?

Why not offer �100 month, as an interim? Or come to a compromise? Though make any offer 'without prejudice'.

[Sinclair128K]

Woooo I did forget to mention that i have agreed to pay �100 per month unti the house is sold. My Daughter is the most important thing to me in the whole world. But my wife is now back living with her parents after her "new life 400 miles away with new fella " didnt work out. And now her parents are buying her a house..... nice.

[Pippa68]

I guess it all depends on your income. If you are paying �1500 per month on joint debts, plus your other bills (housing costs etc) and you aren't earning much more, I doubt maintenance can be payable!

As you say, you are willing to pay maintenance once the debts are paid..why not sell your house now, and both arrange your own housing? this way the debts may be paid & maintenance can be agreed upon. A solicitor can advise.

It's horrible and I know how you feel. You can't be a bottomless pit of money.

[atolhurst]

What has she said about the fact you're covering her �750pcm debt payment?

[XxAnniexX]

If that was me I would actually buy the stuff that my child needed so that I knew that they were actually getting it.

Another question though...
If she has a bought house whilst still married to you, will you be able to claim half of the assets when you go through divorce?