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Financial order advice.

7 replies

Soupsetscared · 28/05/2022 14:32

Our DD is putting in for a divorce.
Her and ex husband have been separated for 9 years.
They have 3 children 15, 14 and 13. In all this time he
hasn't paid any maintenance. He went on to have 3
more children. Their mother is now not part of that
family. He doesn't work and is on benefits.
Our DD is a carer on minimum wage and it's taken
this long to save for the divorce.
Reading the financial order is it true that he can claim
part of her wages.

OP posts:
Babyroobs · 28/05/2022 14:50

Is there a maritial house/ pensions etc to consider?

PeekAtYou · 28/05/2022 14:52

Who looks after their kids ? (Number of nights)

LillyDeValley · 28/05/2022 14:55

He can make a claim for spousal maintenance, but she’s on minimum wage and the carer to 3 children so he isn’t going to be successful.

In terms of maintenance for the children, if he has them for more then 50% of the time then yes he could go through the CMS for child maintenance. On her salary though any payment would be very small.

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Soupsetscared · 28/05/2022 15:05

She lives in a local authority house. She has always had the children all the time.
They might have stayed one night out of 6 months. Now they are older they don't
want to stay. He has hardly ever bought a card never mind a present for their birthday
or Christmas. No help with uniforms, school trips etc.
The mother of the other children went to jail because of drugs. We think
he dabbled to run up debts. He has social services involved with his other children.
As soon as they separated because of his big debts which she and us paid off.
Otherwise she would have been evicted. She saw a lovely judge who helped
make sure she kept the home.
My 3 grandchildren now see him when they feel like it which isn't very often.
But never stay over. Given the choice of staying at his or with us overnight
they always choose us.
Middle grandchild wants to call herself after my DDs partner. He has been more
of a father than their own.

OP posts:
PeekAtYou · 28/05/2022 15:09

He won't be able to claim Child Maintenance.

As for Spousal Maintenance, your dd doesn't earn enough for that to be a problem

Are there assets like a car? Savings ?

Soupsetscared · 28/05/2022 15:12

No car. The only savings she has at the moment £1000 for the holiday they are going
at the end of July and £900 towards the divorce.

OP posts:
Gouldengirl9 · 28/05/2022 17:52

I'm interested in this as well

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