money from ex husband's redundancy

[detectivebeaver]

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.

the CSA told me that voluntary redundancy payments could not be used for child support. It was income only that looked at. When my ex took v. redundancy he stopped child support (with no discussion or warning to me). As already said i didn't get any more child support ever.

I think that its taxable income that the CSA assess - so any redundancy payment above the tax-exempt threshold would be considered, as would any pay in lieu of notice, but a basic redundancy payment (voluntary or otherwise) is not liable under the current CSA rules.

I suppose it depends what else the NRP provides the DCs with - if there is regular, overnight contact, then the redundancy payment keeps food on the table and a roof over the NRP and the DCs heads until they get alternative employment.

Hi i have found this all very interesting. I have a similar story. My ex to be has taken pay cuts over the last 18 months and now redundancy. I have his Form E and he has around £25,000 in the bank. He has stopped paying maintainance and the csa said they cant touch any. He is currently in NYC and will be on holiday for the next 3 weeks. The amount he pays for our daughter is so small but now nothing is even worse. Any advise woukd be greatfull. Also if anyone has any advice regarding looking through a form e would also help.

If you were married you might be able to persuade to judge to freeze his savings, or some of them, to preserve your claim against it.
If you weren't married there is little you can do unless you can identify some capital expenditure for the benefit of your child, in which case you could apply under Schedule 1 of the children Act for a lump sum order.

It all comes down to if there were a consent order with a clean break at the divorce or not. You must know if you have that order or not - read the papers. 1. You might not have had a court order or consent order about finances. 2. If you did it may not be a clean one - it may be regular spousal maintenance in which case you may be able to get a bit more regular cash - has he been paying maintenance for you not just the children? 3. If it was a clean break order then you each have no claims on the other adult eg if yo win the lottery get a job with £100k bonus or inherit your parents' £1m house he has no claim on that you have none on him.

CSA does not consider any savings or assets below 65K. If NRP has a house and they live in it that would not be taken into account regardless of the value. Even if savings or relevant assets exceed 65K it is only the income arising (eg interest on savings) that is considered. PWC can not dip into the capital.

My ex wife tried to dip into my redundancy on the basis that I was not supporting her or our child. It failed miserably when it was established in court that whilst I was unemployed I paid; Mortgage, Utilities, Two Cars and stepdaughters University Costs until ex-wife found housing of her own. Ex-wife, who was working at the time and had net income of almost 1,200 per month paid zero towards house costs while I was unemployed.

If A consent Order was issued by the Courts then you need to look carefully at the Wording. In terms of assets and capital the courts will decide a split they consider to be fair.

In my case the Consent Order made at Final Hearing the wording was clear that both Parties agreed that Final Order meant exactly that and that the Consent Order represented full and final satisfaction of all claims for; Income, Capital and Assets and no further claims could be raised by either Party.

ZOMBIE!!

@traveller123 why are you removing a thread that's over 3 years old?

Thread is not removed.

I think zaalitje meant to ask why you are reviving an old thread.

To keep people up to date. The 65K limit is still in place.