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Original poster

money from ex husband's redundancy

36 replies

detectivebeaver · 17/10/2012 17:20

My ex husband has been given £62k now he's left the navy after being made redundant. Can i claim anything? Seems so unfair he is paying no maintenance yet he has all this cash to spend on his new gf and her 3 kids.

OP posts:
allnewtaketwo · 17/10/2012 17:33

So he doesn't have a job now? Will it be difficult for him to find a new one? I'm guessing he would need to retrain, possibly at expense and for quite a while before he's earning again.

allnewtaketwo · 17/10/2012 17:34

Actually I've just noticed, you talk about what 'you' can claimHmm do you have children?

Boomeringue · 17/10/2012 17:39

Maintenance was mentioned.

KateByChristmas · 17/10/2012 17:47

Are you already divorced?

allnewtaketwo · 17/10/2012 17:58

How do you know what hd is spending on his gf and her kids? Actually how do you know precisely how much redundancy he got paid. Was he paying maintenance until this?

mumblechum1 · 17/10/2012 18:51

Depends entirely on whether you have a court order. If you do then it almost certain that it will include a clean break clause so far as capital is concerned, which means that you can't make a claim.

If the divorce and financial settlement haven't gone through yet, then you are in with a chance. Talk to your solicitor if this is the case.

Original poster
detectivebeaver · 17/10/2012 19:04

We have one son and were divorced in 2008. I would love my son to have something for his future. Will definitely get legal advice. Thanks.

OP posts:
allnewtaketwo · 17/10/2012 19:15

Maintenance is really for his living expenses though? I would have thought that if your ex can afford to save for his sons future over and above this, then that is up to him. Redundancy money may need to keep your ex afloat until he gets another job, so squirrelling money away for his sons future may need to come second to finding financial security in the medium term. That would benefit your DS.

Original poster
detectivebeaver · 17/10/2012 19:23

I'll be honest, I'm not concerned if he has enough to live on. I feel that he should share some of that money with his son morally because if we were still together then my ds would be getting the benefit. If there is a legal way to got it for him I would be delighted.

OP posts:
bluebird68 · 17/10/2012 19:57

my ex husband took voluntary redundancy. The CSA said it couldn't be touched and from that day on he paid me not a penny more. He lived off the proceeds until it ran out then got another job- by then DC were off his hands (legally).

bluebird68 · 17/10/2012 19:58

he used to pay child maintenence, nothing for me- in case anyone was confused.

allnewtaketwo · 17/10/2012 20:04

Detective, on the one hand you say you're not concerned he has enough to live on, but on the other liken it to if you were still together. You think if you were still together you would both be putting money away for DS's future if you didn't have enough to live on?

mumblechum1 · 17/10/2012 20:05

Certainly if you divorced in 2008 and presumably got a consent order then, you won't be able to claim anything now.

Equally, if you won the lottery, he couldn't make a claim against you.

Feckbox · 17/10/2012 20:21

But you are not still together

BeingBooyhoo · 17/10/2012 20:26

you're not concerned if he has enough to live on? why not? you should be, because if he hasn't enough to live on then your son definitely wont be getting any financial support from him, now or in the future if the man dies of hunger.

Original poster
detectivebeaver · 17/10/2012 21:33

I don't want this to turn into an AIBU to want the money for my son. All I wanted to know was whether I may have some legal claim to it for my son. I am assuming that no-one here is a solicitor? I think I will get professional advice but thank you to the posters who have made constructive comments.

OP posts:
Qwertyytrewq · 17/10/2012 21:36

Why doesn't he pay maintenance?

That's easier to sort out, get the CSA involved.

kilmuir · 17/10/2012 21:39

surely you should be chasing him for child support first

Original poster
detectivebeaver · 17/10/2012 21:40

He was paying maintenance up until a month ago until he was made redundant from the Navy. It was through the CSA.

OP posts:
CouthyMowEatingBraiiiiinz · 17/10/2012 21:56

Apply to the CSA for a variation based on lifestyle inconsistent with earnings. It is the only way you will get a penny of this money for your DS, OR any maintenance until your Ex has pissed through it without giving a shit about how his child is looked after.

brrbrrwinteriscoming · 17/10/2012 21:56

This reply has been deleted

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allnewtaketwo · 17/10/2012 21:57

Wow Couthy, your personal experience now extends to the OP's ex.

mumblechum1 · 17/10/2012 21:58

Detective you ask whether any of us are solicitors; I recently retired after 25 years as a family specialist. That's the basis of my advice as at 20.05

Collaborate · 17/10/2012 23:36

I am a solicitor and I agree with Mumbles. OP you don't mention whether you dealt with finances when you divorced with the making of a final clean break order. That's really really significant. If you have one of those you can't claim any of it for yourself, although you could apply for a lump sum under schedule 1 of the children act. You can't use this though to get something for your son's future. It has to be used to meet identified current needs. This could be quite costly though, and you wouldn't get a great sea of the £30k.

Are there CSA arrears? If so, alert the CSA to his redundancy payment. they could enforce it against that.

NotaDisneyMum · 18/10/2012 07:04

Does your DS have regular contact with his Dad?

There is no reason why your son won't benefit - his Dad can put money aside for his son directly - why does he need to delegate that to you?

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