Tax & insure the car for stbx

[Hel1304]

Hi. Going through divorce, stbx still living at home. All wages etc going into joint ac but now at stage where things are getting nasty & he has started to take half his wages from ac making it very hard to make ends meet for me & 2 dd's.

He said he would take 'pay off' last week. I've agree but now he has upped the amount by £5k!!!! He is also complaining because I said he would have to pay £50 per week approx for the girls- he says this is too much!!! He brings home £300 per week.

I am due to tax car tomorrow, which he wants in settlement & I don't drive. I am now wanting to freeze bank account because I don't think it's fair that he is not leaving me with much to support his children. My sister gas said freeze ac, tell him to pay for tax & insurance & get all finances split - wish I had done this in May when we split up, but just seemed easier to leave it joint whilst paying for mortgage, bills etc. I have asked lawyer (collaborative) what to do about ac- this was over 3 weeks ago but she has not replied!!!

Advice needed please on bank account & whether you would pay half for car tax & insurance now!

Thanks for all advice & sorry for long post x

Well, at the moment your finances aren't actually separate are they? So the first thing you need to do is to organise your wages to go into your account & to claim a minimum of 20% 0f his wages, which is £60 per week on your figures (assuming he has no other children). Then you need to claim any tax credits you're entitled to as a single parent. Then you will need to pay the mortgage by yourself out of this money otherwise you would need to look at finding cheaper accommodation/ getting a lodger for you & tthe children. As to the car, if he is having it & using it, he needs to tax & insure it in his name out of his money. Are you married btw?

Yes, we are married, still living in same house which is so hard for everyone.

If debts are in his sole name would I be responsible if I were unable to pay them anymore?

You wouldn't be responsible for debts in his sole name, no but when deciding the split of assets, any marital debts would be taken into account first.

That's what I thought & I do actually agree with that.

Thank you for responding

Helen

Because he still lives with you in the matrimonial (or former matrimonial home - whatever), you can't simply garnish 20% of his wages as some sort of child maintenance - he still lives with his children and on the face of it is as responsible for their day-to-day care as you are.

If divorce proceedings have started and you are essentially saying that without more money from him, you cannot keep a roof over the children's heads, you 'might' be able to apply for maintenance pending suit. I say 'might' because it is essentially a delicate financial exercise as to whether it is worth applying. The court usually only awards modest amounts - especially as yours doesn't appear to be a big-money situation - and you would have to show that there is no other viable way for you to meet your urgent needs. It is essentially a case of how much you need, versus how much he can afford to give out of his income. It might actually work in your favour to highlight that your housing needs are directly linked because your husband doesn't have to pay for another house/flat as you are all living together (i.e. by helping to meet 'your' housing needs, he is also meeting his own!).

You should point this out to him as it seems sensible for you to work together on this housing issue to save you both money. Your collaborative lawyer can probably help with this type of approach, but he/she cannot advise one of you on how to deal with the other's behaviour. That would conflict his/her position as a 'collaborative' lawyer.

olathelawyer05 - Thank you for this advice as that does make sense.

I don't actually want more money from him, but just want to ensure that he leaves enough in bank to pay the bills/ mortgage.