maintainence

[irishtilly]

Does anyone know if I can claim from my ex-husbands partner? He says he has no money to pay towards our 2 children but lives a really good life with his new partner. He went bankrupt last year but still manages to live the life of riley.... anyone have any advicefor me please, if i don't get some help i will loose our home... !!

Hi

Not directly from his Partner. Try searching the address (Land Registry)where he lives with his Partner to see if he has an interest in it. You could also request your own credit reference report that may have some of his details on it as an ex associated person. Thi may tell you if he has taken out finance etc where he may have contributed to her home and consequently secured an interest in it.

Just some ideas that may lead to nothing but not expensive to pursue.

You cannot claim directly from his partner.

His liability for child maintenance is based entirely on his income. His partner's earnings don't come into it. The only exception to that is if he controls her income (e.g. he employs her) and is effectively trying to hide his income by paying it all to her.

If the finances following your divorce have already been sorted out and the courts have issued some kind of order (e.g. a consent order) you can generally only get it altered in limited circumstances, e.g. if he concealed some assets. The fact that he may have a high earning partner would not result in the order being changed.

If you have not yet sorted out the finances his partners income would be taken into consideration indirectly in that it reduces his outgoings. However, the settlement would be based on his income and outgoings. As Sassa suggests, if he jointly owns his current home with his partner that is an asset that has to be declared and taken into account as part of the settlement.

Thanks for the help