Quick q - If H moves in with OW does that make any financial difference to my situation?

[tiredoftherain]

Just separated, going through divorce process and about to sort finances - H being very cagey indeed about OW and future living plans. Does it make any difference either way to me if he moves in with OW in the near future? For info, she works full time and has a good salary, he is very well paid.

Only asking for info purposes at this stage, I'm not sure if this is something I really need to be aware of or not as it would obviously make a big difference to his potential living expenses but don't know if this is even relevant to me. Have heard conflciting info so would be grateful if anyone knows how this works.

don't know. Maybe mean you get less? If he has other people to support? You'd need to talk to maybe csa? Not sure if she has a responsibility to contribute or if her wage makes a difference to his payments. But like I say, not an expert. I'm just going on past mn threads, tbh

I think it is relevant, yes; iirc it's one of the things both parties have to declare on the Form E, whether you have a partner and that person's income. It's his responsibility to make an honest declaration. Mind you I don't know what you'd actually be able to do about it if he didn't. You can challenge it, I think. Like if you knew jolly well he had some money squirrelled away that didn't make it onto the form.

thanks heqet, I'll ask my solicitor at some point but my thinking was that he wouldn't be supporting her due to her own earnings, and that his outgoings would be vastly reduced as a result of living with someone else as opposed to me supporting the dc's and paying a mortgage alone.

Not wanting to be greedy here, fwiw, just informed!! H is a tricky customer so I need to be a step ahead.

Annie, that's interesting, thank you. He's due to complete the Form E so I'll make sure that gets noted. He is still stuck in the "deny everything" stage but I'm well aware they're in a relationship, and have proof, so I don't know how honest a solicitor can make him be.

This is interesting, currently in same position as you OP. Am about to fill in Form E myself. Hadnt even thought about the OW having any difference to financial settlement.

I know my H is living with OW at my in laws house..does that class as 'partner' and would her earnings have to be declared on his Form E too?

tiredoftherain, my H was in 'deny everything' for months even though my DC and BIL told me OW was in fact living there. He has only in recent weeks admitted it!

Know where your coming from, dont want to be greedy but want to make sure that things are dealt with fairly. Like you, H is going to be a tricky one where money is concerned (self employed and already pleading povety when I know different!)

You may get an answer posting this in legal section.

Hope you get what you need (and your h gets what he deserves )

i would say be as greedy as you can- you can always give it back later or put it away for your dc. He wont keep upping the amount in the future will he, ime they always try and lower the payments.

Why would OW's income need to be declared? It's nothing to do with the ex, or his obligations to his dc.

OW's income can and will be taken into consideration. With the divorce there is even a section that asks if you are likley to be co-habiting within the next 6 months.

As far as I know with the CSA, maintainance is calculated on the joint income of your ex and OW, therefore if she too is a high earner you probably will be entitled to more. I'm not being mercenary, just telling you what I know!

Although child maintainance is only handled through the CSA if you cant reach a mutual arrangement, spousal support is handled in the divorce.

If you are divorcing him on the grounds of adultery and naming her as co-respondant (which sol's tend to advise against, but I was sooo tempted!), her circumstances, children if there are any, her income, everything will be brought into it.

Hope that helps, good luck.

thanks everyone, that's really interesting. What H will almost certainly do is wait just longer than 6 months and then move her in. I can't think he'll admit to it, but it would irritate him to be asked to declare anything about her, so I'll make sure he is

I think I just need to bear this in mind when negotiating spousal settlement and be as hard as I can. He can afford it, and I have 2 very young dc's to support, one with some mild SN. I can't return to my own well paid career, and he's left me totally in the lurch, so needs must I guess.

I was told by the CSA that they would take in to account Exp's new partners children living with them and give him a reduction becase of that but they would not take in to account her salary. [hmmm]

to clarify - the would not take in to account her salary when calculating his payments - which is fine, but if thats the case they shouldnt take into account her children and give ME a reduction - she gets a maintenance payment from her ex!

Oh gosh, isheisnthe really, that doesn't sound fair at all!! OH does have a dd, but she will be fully supported by her XH I'd imagine (also a high earner.)

I can't see how it could possibly be fair to reduce H's maintenance when he earns a lot and my earnings will be so limited. I wonder if I can get H to agree to a set minimum amount of maintenance as part of the settlement..

CSA would be calculated on your ex's wages only.
15% for one child, 20% for two.

And the money can vary on how many nights the children would stay with their Dad.

PS - yes that is the case - but it also reduced if there are any dependant children living at the address - be tey biological or not. Which left me doubly screwed, as EXP also has 2 children with a previous wife which already gave me a 20% reductio (not complaining - he should pay for them also) with a further reduction as he now has new partners children living with him.

Good eh!

If you can I would get an amount put in the settlement, rather than rely on CSA

Be careful though because if he does declare the OW and her earnings etc he then also becomes responsible for her DC and they will deduct money for them from what he pays you

My husbands ex-wife wouldn't accept the amount DH and I were offering to pay for his 2 dc with her.

She took it through the CSA and they said we had to pay £100 less a month than we had offered.

We still paid her the original amount out of kindness but I was a bit pissed off that she was trying to get more because of my earnings.

isheisnthe said it so much better than me