Unusual spousal maintenance question

singlefather

Should she get spousal maintenance???

Here are the facts:

I separated from my wife after 2 years (not legally) and I was awarded custody of our son (four years old) who now lives with me full time. She has acces for 2 days and nights per week. I am self employed working part time and fully support myself and my son but would qualify for single parent allowance if I applied (low income). Neither I nor my ex have any assets worth mentioning. I have never received nor applied for child maintenance from the mother. She is does not work and lives off welfare and is receiving rent allowance etc.

I represented myself in the custody hearing and subsequent appeals but I lack the experience that solicitors would have in dealing with maintenance orders, however, I find that my situation is less common and have difficulity finding a solicitor with this experience.

My basic understanding from the many legal books I purchased is that a spouse is legally obliged to support a spouse and a parent is legally obliged to support a child. In addition it is my understanding that it is up to the judges discretion on what amount of maintenance should be awarded.
I intend to apply for an annullment of the marriage but it is possible that the court could award a divorce etc.

I feel that since I am the primary carer that she should be due no support from me. My concern is that she could sue me for spousal maintenance. Of course I can counter sue for child maintenance but my worry is that I may have to pay for the difference.

I am interested if anyone has had a similar experience and what the outcome was. All responses welcome.

littlemac1980

That's an interesting question. One I'd certainly like to see discussed.