Dependent maintenance questions - spousal visa app-related

[ARandall]

Hello!
I'm new to this forum, but already finding out a lot and getting a ton of great suggestions!

I am married to my English husband (just over a month now) and I am still living in the US. We decided to settle in England since he has a 3 year old son living with his ex just in the next town over.

At the moment, we are hoping to apply around July 16th (nothing like JUST missing that new deadline, right?) and I have a few questions about what to report about his maintenance for his son.

His current income (and for the last 12 months or so) has been around or over the £20,000 region. He is living at the moment with his parents (and I will be too until we are able to find a flat) once I move over. He is able to provide 3 months of statements and pay stubs to prove his income.

At the moment, there is no official agreement between him and his ex (his son's mother) regarding his maintenance. Since he sees him about 3-4 times per week and provides all food and clothing, etc. for him during the time his son is in his care, their amicable agreement is such that when things are needed for the little one, they sit down and discuss it.

Do we have to disclose that on the application? There is not a set amount, will there be a need to list it as a defined maintenance of some kind?

Considering their custody is "shared" but without official documents, will I have to factor some amount into the "bills" section of the application?

Thanks so much!

[Lucapooka]

The cost of the upkeep of the child will not be considered.

89. The new financial requirement will not apply to a child who:
• Is a British citizen (including an adopted child who acquires British citizenship);
• Is an EEA national (except where a non-EEA spouse or partner is being accompanied or joined by an EEA child of a former relationship who does not have a right to be admitted to the UK under the Immigration (EEA) Regulations 2006);
• Qualifies for indefinite leave to enter; or
• Qualifies otherwise under Part 8 of the Immigration Rules in a category to which it does not apply. See Appendix D for details.

[ARandall]

I don't mean for within the total he earns, I mean within the costs related to proving his income.

For example, if he earns 20K per year, but ends up giving his son's mother £300 per month on average, that will drop him to £16,400 per year he has to "support" us.

At the moment, he doesn't have anything in writing even acknowledging that he is in his son's life at all. Other then his son's birth certificate stating that he is in fact the father of the child.

My question is: with no court-assigned maintenance fees, do I have to mention them at all?

[vinny]

Better to apply prior to 9th July.

[Lucapooka]

For example, if he earns 20K per year, but ends up giving his son's mother £300 per month on average, that will drop him to £16,400 per year he has to "support" us.

The cost of the upkeep of the child will not be considered.

He can give all the money to the child if he so chooses, but it won't matter. All that matters is that earns more than the minimum threshold to sponsor his partner. It's merely a number that he has to hit and show for the application, and how it gets divided up among his family is not considered or subtracted.

Bizarrely enough, if he had 10 kids it still would not matter as any children who are not applying to be settled are not considered in the maintenance calculation.