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child maintenance if hes unemployed but with assets?

(7 Posts)
rednailpolish Thu 30-Aug-12 13:08:31

my stbeh will likely be unemployed next month... does he still have to pay maintenance for the children... he will still have an income of around 800 per month and we have financial assets that he could cash up if he chooses to. If he does cash up, is this taken into account when we come to financial settlement in the divorce... ie we split our assets and monies he has cashed up since seperation are taken into account? or is it a case of once its spent its no longer in the pot to be divided?
thanks x

Collaborate Thu 30-Aug-12 13:19:28

If he has assets worth £65k or more he is assumed to derive an income from them. The net profit he makes from renting out any property would count as income as well.

olgaga Thu 30-Aug-12 13:25:29

Some information and links you might find useful:

Relationship Breakdown and Divorce – Advice and Links

General

Read everything you can get your hands on. Get familiar with the language of family law and procedure and try to get an understanding of your rights BEFORE you see a solicitor. Get word of mouth recommendations for family lawyers in your area if possible. If you have children at school, ask mums you are friendly with if they know of anyone who can make a recommendation in your area. These days there are few people who don’t know of anyone who has been through a divorce or separation – there’s a lot of knowledge and support out there!

If there are children involved, their interests will always come first. It is the children’s right to maintain a meaningful relationship with the non-resident parent (NRP) – not the other way around. Children are not possessions to be “fairly” divided between separating parents. Parents have no rights, only responsibilities. A divorce will not be granted where children are involved unless there are agreed arrangements for finance, and care of the children (“Statement of Arrangements for Children”). It is obviously quicker and cheaper if this can be agreed but if there is no agreement, the Court will make an Order (“Residence and Contact” regarding children, “Financial Order” or “Ancillary Relief” in the case of Finance)

Many family lawyers will offer the first half hour consultation free. Make use of this. Don’t just stick with the first lawyer you find – shop around and find someone you feel comfortable with. You may be in for a long haul, so it helps if you can find a solicitor you’re happy with.

If you can’t find any local recommendations, always see a solicitor who specialises in Family Law. You can search by area here:

www.resolution.org.uk/

You can also find family law solicitors here:

www.lawsociety.org.uk/areasoflaw/view=areasoflawdetails.law?AREAOFLAW=Family%20law&AREAOFLAWID=36

Check your eligibility for Legal Aid here:

legalaidcalculator.justice.gov.uk/calculators/eligiCalc?execution=e1s1

Some family law solicitors publish online feedback from clients – Google solicitors to see if any recommendations or feedback exists.

Mediation

You will be encouraged to attend mediation. If there has been violence or emotional abuse, discuss this with your solicitor first. Always get legal advice, or at the very least make sure you are aware of your legal rights, before you begin mediation.

Married or Living Together?

This is a key question. If you are married, generally speaking you have greater protection when a relationship breaks down.

Legal Issues around marriage/cohabitation and relationship breakdown are explained here:

www.adviceguide.org.uk/england/relationships_e/relationships_living_together_marriage_and_civil_partnership_e/living_together_and_marriage_legal_differences.htm#Ending_a_relationship

static.advicenow.org.uk/files/benefits-and-livingtogether-2010-11-1161.pdf

DirectGov advice on divorce, separation and relationship breakdown:
www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/index.htm

Legal Rights are further explained here:

www.rightsofwomen.org.uk/legal.php#children_relationship_breakdown

I found these guides from law firms quite informative and easy to read – there are others of course:

www.family-lawfirm.co.uk/uploaded/documents/Surviving-Family-Conflict-and-Divorce---2nd-edition.pdf

www.terry.co.uk/hindex.html

Finance

Before you see a family law solicitor, get hold of every single piece of financial information you can, and take copies. Wage slips, P60s, tax returns, employment contracts, pensions and other statements – savings, current account and mortgages, deeds, rental leases, utility bills, council tax bills, credit statements. Are there joint assets such as a home, pensions, savings, shares?

Handy tax credits calculator:

taxcredits.hmrc.gov.uk/Qualify/DIQHousehold.aspx

Handy 5 Minute benefit check, tax and housing benefit calculators:

www.moneysavingexpert.com/family/

Child Maintenance Calculator:

taxcredits.hmrc.gov.uk/Qualify/DIQHousehold.aspx

Further advice and support

www.maypole.org.uk/

www.womensaid.org.uk/

www.gingerbread.org.uk/

england.shelter.org.uk/get_advice/families_and_relationships
(Re Shelter, if you are not in England follow the link at the top)

aokay Fri 21-Sep-12 17:16:40

I just claimed via CSA and furious to be told exh significant income from let houses not included in assesment - only his directly earned income from employer - will deprive my kids of their share of about 15k pa - plus, no back dating of claim to when he left despite him stringing me along for months with promises of a private agreement - obviosuly he knew no backdating and we're now in real poverty thanks to csa, fuckwit solicitor who advised against claiming months ago and financially savvy arsehole ex.I'm gobsmacked.

Collaborate Fri 21-Sep-12 23:12:37

Apply for a variation. Some forms of income aren't taken into account at first instance. This may be one of those.

irishtilly Tue 22-Jan-13 19:51:28

My ex husband only pays £7 per month for my two children. I have been to the CSA who cannot help any further as he is self employed. He lives in a house worth £750,000 which he has put into his partner's name. Has anyone got any ideas to help me PLEASE

Collaborate Tue 22-Jan-13 20:52:33

Apply for a variation on the ground that he has a lifestyle inconsistent with declared income, or deliberate deprivation of income. Hard to prove though, and you'll need good evidence.

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