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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Finance Award follow children ?

5 replies

JPLAR · 05/07/2018 17:27

My partner and i divorced in 2016 and he got the majority of the money to buy a house for the children, whilst i was meant to take on all the debt and i had potential future employment. in 2017 he tried to go for full custody but it back fired and the court actually awarded 70/30 for the children to be with me, he appealed it and the court ignored it, a couple of months later he dropped the kids off at my parents and they have not been back with him since and it does not look like its going to change.

So my issue is he was given £100,000 in the divorce to buy a house for the children, this money was only released by the solicitor in October of 2017 and in Dec 2017 the children have not been with him.

He is now about to buy a house for him and his new partner as well as spending about £10k of that money on a car.

The kids are with me and we are in a housing association house and struggle financially every week, he does not pay maintenance yet works and thats going through CSA.

Surely there must be something that can be done in the courts to either reverse the decision about the money so that the money follows the children, especially as the money is not going to be used for what the court ordered, maybe thats the same as breaking a court order

OP posts:
NotSuchASmugMarriedNow1 · 05/07/2018 18:00

You need urgent legal advice. How dare he take the money to house the kids and then not house them!

JPLAR · 05/07/2018 19:17

not so clear cut as that as it was the kids who decided not to live with him anymore only 2 months after the court had awarded 70/30 shared residency in his favour, but he has done nothing really in trying to get the kids back even though there is a court order in place which he could enforce, but it looks like he was only trying to get full custody to assist with the money,
Cant afford a solicitor as im out of work and looking after the kids 24/7

OP posts:
NotSuchASmugMarriedNow1 · 05/07/2018 21:34

But if it's there choice not to live with him then I can't see that there is anything you can do. How old are they.

JPLAR · 05/07/2018 21:59

13 and 11, but surely that money is meant to be for them, for holidays and a home, not for him to just use it to house him and his new partner

OP posts:
lifebegins50 · 06/07/2018 17:41

How was the deal agreed? Mediation or court?
Just wondered why you didn't get some equity as assume you were also having the children even if he was resident parent.Its unusual for a court not to award you some equity to enable you to be housed when the dc spend time with you.

Courts don't like to overturn consent orders once signed off, unless extreme circumstances referred to as Barder event.They will assume that each person did due diligence at the time, took legal advice and made an informed decision.
The dc might bounce back to him, often happens in teenage years so you can see why courts can't move assets if the dc decide on changing homes.
Maintenance is away to address the dc's needs.

Perhaps give some background on how the deal was agreed and why you agreed all the equity to jim.

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