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What happens when not married parents spilt up to cms or support when one person is extremely wealthy?

144 replies

Whatif1 · 25/02/2024 17:02

So obviously the legal protection is not there, property cannot be split etc but if they share 50/50 custody is there any financial support expected from the wealthy partner or anything at all legally?

OP posts:
Teentaxidriver · 25/02/2024 17:29

TOLATA applies to jointly owned property of unmarried couples? Do you jointly own a property?

lunar1 · 25/02/2024 17:30

My friends ex was ordered to pay school fees, that was it.

MiltonNorthern · 25/02/2024 17:30

Whatif1 · 25/02/2024 17:16

And what about other "obligations if one party will have to rent a very small property whilst the other owns 4 houses etc.
If not cms is there any other obligations?

What other obligations? This is the pitfall when having a baby outside of marriage when you're the lower earner. You leave yourself vulnerable.

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Whatif1 · 25/02/2024 17:31

@TeaKitten it's always worth doing some casting about before getting to a solicitor because they are so expensive. Arming oneself with some terms and some knowledge to ask questions is helpful.

For instance I had never heard of what "live out", helpfully.... Offered. I've had a quick look at that and now I know something about it.
Legally nothing is ever clear unfortunately.

I've also had a quick look at the cms website and it says with a wealthier partner earning more than 3 grand per week and with assets you can apply for "variation"?.

But it's actually not that clear re resident parent and hours etc

OP posts:
MiltonNorthern · 25/02/2024 17:31

lunar1 · 25/02/2024 17:30

My friends ex was ordered to pay school fees, that was it.

Were the children already in private school?

whatausername · 25/02/2024 17:31

What's 'wealthy'?

£100k per annum would feel like a lot to many of us but it's not really wealthy. £25m in assets is wealthy and a solicitor might be able to get something but probably not enough to mean the other is set for life and doesn't need to work. So what do you mean by wealthy?

LadyMacbethWasMisunderstood · 25/02/2024 17:32

In such circumstances you need to make an application pursuant to Schedule 1 of the Children Act 1989. The law in this area is quite complex. The person claiming would usually do best to see a socialist solicitor.

Whatif1 · 25/02/2024 17:32

@MiltonNorthern exactly 😁what other obligations! I don't know that's why I'm asking.

OP posts:
TwylaSands · 25/02/2024 17:32

It is your obligation to house the children when in your care. I wouldn't be pointing out that you cannot house them adequately.

But it absolutely would be worth seeing a solicitor if there is a massive disparity in income and expenses that would disadvantage the children if you could not meet your half.

Does he want 50/50? Has he suggested he does more or less that 50/50?

I would not have had children without marriage with such disparity on income to begin with. It baffles me why so many women do this.

Whatif1 · 25/02/2024 17:33

@LadyMacbethWasMisunderstood

"socialist" because they would want to even things out and get the rich bastard to pay his way or specialist solicitor because it's complex?

OP posts:
TeaKitten · 25/02/2024 17:34

Whatif1 · 25/02/2024 17:31

@TeaKitten it's always worth doing some casting about before getting to a solicitor because they are so expensive. Arming oneself with some terms and some knowledge to ask questions is helpful.

For instance I had never heard of what "live out", helpfully.... Offered. I've had a quick look at that and now I know something about it.
Legally nothing is ever clear unfortunately.

I've also had a quick look at the cms website and it says with a wealthier partner earning more than 3 grand per week and with assets you can apply for "variation"?.

But it's actually not that clear re resident parent and hours etc

I wasn’t saying it wasn’t worth asking - I was saying the information out there is confusing. And on here there’s a poster saying you can claim extra money, and another that’s certain you can’t, it’s hard to no what’s right. Does the ex earn over 3k a week? Are you certain they will do 50/50?

Whatif1 · 25/02/2024 17:34

@TwylaSands unfortunately not everything is quite as clear cut or moves in the way you would expect it too.

OP posts:
Whatif1 · 25/02/2024 17:35

@TeaKitten
. Welcome to the legal world. For every argument One way there are a dozen the other way...

OP posts:
MyGooseisTotallyLoose · 25/02/2024 17:36

Whatif1 · 25/02/2024 17:33

@LadyMacbethWasMisunderstood

"socialist" because they would want to even things out and get the rich bastard to pay his way or specialist solicitor because it's complex?

Has he always been a 'rich bastard' or only since the split? It really sounds like the less earning one is just angry they're losing their way of life?

TheFormidableMrsC · 25/02/2024 17:36

LiveOutLoudRose · 25/02/2024 17:17

Please ignore all the above, where there is a wealthy partner you can bring a claim for the children under TOLATA or Schedule 1 Children Act. You need to speak to a solicitor. (I should add they don’t have to be wealthy per se, but that’s where it is worth making such a claim).

Came here to say exactly this.

Whatif1 · 25/02/2024 17:38

@MyGooseisTotallyLoose

Sorry hun, that was a little joke because socialists usually see the rich as bastards.

The poster perhaps made a typo but it amused me.

OP posts:
Whatif1 · 25/02/2024 17:39

Yes earns over 3k and has numerous other assets.

OP posts:
Whatif1 · 25/02/2024 17:41

@TwylaSands what does "adequately" mean please.

It would be a small flat to begin with, the other home is comfortable.

OP posts:
TwylaSands · 25/02/2024 17:41

Whatif1 · 25/02/2024 17:39

Yes earns over 3k and has numerous other assets.

That‘s not much above an average salary???

TwylaSands · 25/02/2024 17:43

Whatif1 · 25/02/2024 17:41

@TwylaSands what does "adequately" mean please.

It would be a small flat to begin with, the other home is comfortable.

I wasnt meaning it was inadequate, I thought you were saying it was inadequate when you compared it to the four bed house. It is perfectly adequate housing.

TeaKitten · 25/02/2024 17:43

TwylaSands · 25/02/2024 17:41

That‘s not much above an average salary???

Over 3k a week… £12k a month is above the average salary.

Whatif1 · 25/02/2024 17:44

@whatausername

Always opaque when it comes to assets/earning but earns about 250k, large bonus, 4 properties without mortgage etc and large share portfolio.

OP posts:
TwylaSands · 25/02/2024 17:45

TeaKitten · 25/02/2024 17:43

Over 3k a week… £12k a month is above the average salary.

Ah! I missed where it said a week!!! That‘s not a standard way to state salary.

Whatif1 · 25/02/2024 17:46

I don't know where the 3k came from? Perhaps the cms website as a cut off /barrier point.

OP posts:
TeaKitten · 25/02/2024 17:47

Whatif1 · 25/02/2024 17:46

I don't know where the 3k came from? Perhaps the cms website as a cut off /barrier point.

I think it is yes.

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