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ISA investments and child maintenance

(15 Posts)
Anotherdiv Wed 24-Jul-19 02:28:56

Hi everyone,
I am going through divorce. So ex doesn’t really work on permanent basis. He has ISA investments about 120k and doesn’t pay any tax on it. Also he has collection of fine wines which he sells when he needs money.
It looks like I won’t be able to claim any child maintenance for our 2 y.o. who lives with me and spend about 8 hours a week during the day with him.
I am planning to apply for court to decide on our financial settlement. But I believe it can only order child maintenance for 1 year and after that I have to go through CMS so basically will get nothing.
He owns the matrimonial property outright and I hope to get a cut from it to buy somewhere to live for me and my child.
But what can I do regarding child maintenance?

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Spanglyprincess1 Wed 24-Jul-19 02:55:44

If its a pension isa then it isn't touchable as pension is not calculable.
Can you and him come to a personal amicable arrangement? Your likely to get a more regular stable amount than with csa

SlowMoFuckingToes Wed 24-Jul-19 03:03:56

I'd push for a larger part of the capital from the house. You're unlikely to ever see maintence from this man.

Spanglyprincess1 Wed 24-Jul-19 03:39:36

Was the marital property secured pre marriage? Could he move and rent or buy elsewhere untill child is older. Would save you thousands on rent.
I assume as a spouse with a young child you are entitled. To. 50% of the house. Which should at least help.

Anotherdiv Wed 24-Jul-19 04:15:50

Thank you for your message.

@Spanglyprincess1, thanks, no it’s not pension, just stock and shares. He changes his mind all the time regarding amicable agreement. Last think I heard was “nothing” sadly. The house was bought during the marriage with money from his sold property plus his family helped.

@SlowMoFuckingToes, thank you, do you think judge will see that there is a chance I won’t get any child maintenance at all in the future and can consider ordering bigger share of the house for me?

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SlowMoFuckingToes Wed 24-Jul-19 04:38:32

I'd try to stay in the house or have you left already? I think your lawyer needs to strongly make the case that there is no chance of maintenance. Sounds like a lovely guy!

Anotherdiv Wed 24-Jul-19 06:06:29

@SlowMoFuckingToes, yes, I am still in the house. Oh yes he is delightful! 😄😄 thanks for your help

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Spanglyprincess1 Wed 24-Jul-19 07:26:23

Go and speak to a solicitor

Anotherdiv Wed 24-Jul-19 07:56:10

Will do, thanks for your replies, I was hoping I miss something, but looks like this is how things are

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waterSpider Wed 24-Jul-19 08:21:07

… but if a lengthy marriage you can ask for a share of the ISAs, just like any other asset.

Anotherdiv Wed 24-Jul-19 08:41:32

We were married for 6 years before I applied for divorce. Is it considered lengthy marriage? He had those investments before we met although I believe he did put extra money in there during our marriage.

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larrygrylls Wed 24-Jul-19 10:52:27

You really do need a lawyer!

I am not sure about the short/long marriage at 6 years but you are certainly entitled to a share of the house and other assets.

Buying a house while married, even with pre-marital assets would be known as ‘intermingling’ (I think) and you would still have a claim, albeit not necessarily half.

Divorce and assets is not as complicated as expensive lawyers would have you believe but the rules are complex (and seem very much to depend on each case). Unless you love reading details and negotiating, a lawyer is the way ahead.

combatbarbie Wed 24-Jul-19 11:01:20

Clearly yiu need proper advice but surely they have to be disclosed as part of the settlement.

wobytide Wed 24-Jul-19 13:03:28

Ignoring the length of marriage the over-riding first factor is the 2 year old which will come first in any of the decisions around splitting assets and housing them appropriately

Anotherdiv Wed 24-Jul-19 13:12:21

Thank you all, I have scheduled a lawyer appointment

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