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Hello - any initial advice as to what I should or should not be doing.
#1
My wife has decided it not working out and she is leaving and going to rent for a bit I assume. I assume from the little contact we have had its completely over.

She says shell be gone in around two weeks, then I intend to move back from my parents where I have been banished to into the family home. WE have a 7 year old daughter - who has been (for the last 10 days since we split) spending 50% of her time with each of us, and the arrangement is that will continue.

We jointly own the home and have some savings in variuos accounts - some joint some personal - although the money was moved round just to get best deals interest etc.

My wife earns 36k me only 25k, I have had eth same job for teh whole time we have been togther, she has had numerous , being made redundant twice, being self employed for a few years to. She has travelled round the coutry for work - with overnight stays, I have always been staying at home.

She has no family were we are, so unless viisting,  all family help, babsysitting, pickup etc have been done by my family.

Just any advice on what I should be doing now - what can I expect as a financial / custody settlement I'm slightly worried that an informal 50/50 agreement on custody - can be changed at any moment - but I dodnt want to insist on a set arrangment now as it seems antagonistic, far better to sort it amicable and so hopefully fairly?!. Who pays the bills on the house - mortgage , utilites etc . At the moment mortgage comes out of a joint acount which can pay the mortgage for a good while. Other bills come out of whatever/whoevers account happened to set it up etc.

Child benefit is paid in my name into joint account.
Thanks
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#2
(04-04-2016, 02:57 PM)AdamSandler Wrote: My wife has decided it not working out and she is leaving and going to rent for a bit I assume. I assume from the little contact we have had its completely over.

She says shell be gone in around two weeks, then I intend to move back from my parents where I have been banished to into the family home. WE have a 7 year old daughter - who has been (for the last 10 days since we split) spending 50% of her time with each of us, and the arrangement is that will continue.

We jointly own the home and have some savings in variuos accounts - some joint some personal - although the money was moved round just to get best deals interest etc.

My wife earns 36k me only 25k, I have had eth same job for teh whole time we have been togther, she has had numerous , being made redundant twice, being self employed for a few years to. She has travelled round the coutry for work - with overnight stays, I have always been staying at home.

She has no family were we are, so unless viisting,  all family help, babsysitting, pickup etc have been done by my family.

Just any advice on what I should be doing now - what can I expect as a financial / custody settlement I'm slightly worried that an informal 50/50 agreement on custody - can be changed at any moment - but I dodnt want to insist on a set arrangment now as it seems antagonistic, far better to sort it amicable and so hopefully fairly?!.  Who pays the bills on the house - mortgage , utilites etc . At the moment mortgage comes out of a joint acount which can pay the mortgage for a good while. Other bills come out of whatever/whoevers account happened to set it up etc.

Child benefit is paid in my name into joint account.
Thanks
You seam to be linking the cash side to custody, what is not relevent. Custody will come down to what the court thinks is best for the child, but money does not come into it, if it goes that far.

It looks like you need to come to an agreement on custody in writing, and if not go to Mediation.

One of you is going to be considered the resident parent for benefits, and that will be the person she spends 51% or more time with. Regardless of child benefit is paid to you now, a change is only a claim form away. If you can not agree this, you would both have to prove how much time, and they will decide who gets it.  This is important, as that person can also claim Tax Credits (as a single person only that persons income is counted on what would be a new claim once you formally seperate). It also gives that parent the entitlement for a bedroom for the child (in addition to one for themself) under Social Housing Rules, and the other parent is only entitled to one for themself.  While your income might mean you can not claim Housing Benefit right now, if anything changed this is also linked to bedroom entitlement.

The other parent would have to pay child support, but this is linked to how much they have coming in, as well as how much time they spend with the child.

Legally, any cash/savings belongs to the person the account is held in, and any payments that need making are down to whoever signed the contract, unless you come to an agreement between yourselves or via Mediation on this.  For a court to transfer any funds from either sides name, it would have to be proved that there was some sort of agreement or contact in place.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
I'd wait and see if she actually does leave the house first, then you'll know more where the situation is.

Regarding care arrangements being 50/50, as you're aware things can change in an instant, especially when there's money involved. Issues regarding paying for the mortgage etc, seek proper financial advice. The courts won't grant a divorce until the financial side of things are sorted, but this isn't related to Child Maintenance.
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#4
Thanks both - I'll wait the two weeks she says it will take her to move out. Then reassess. As always have to be the best dad I can be in the time I do have with my daughter , but maybe document it a bit in the hope that either the ex or a court recognises that.

I guess the mortgage coming out of the joint account is no bad thing. She will be paying half the cost whilst hopefully I live in it. (she'll get back the equity at least).

So many variables - its hard to know what to do.

I have a weekend away with family and my daughter this weekend to hopefully forget about it for a few days.
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