ExDP is at solicitors now getting a contract drawn up

[hobbgoblin]

It's to say that I accept a vehicle in lieu of maintenance for DD. The vehicle is a long term hire contract through his business for a 3 year term and will be approximately half the entitlement if you go by standard maintenance calculations.

It is very unfair in the sense that I don't get the full amount but equally I wouldn't be able to get a car to ferry all the DC around on my own - it's an MPV. So, we're doing each other a favour. My questions are; am I mad to accept these terms? Will a solicitor draw up such a contract when it appears to be hugely in his favour?

I accept what you are saying I just thought the contract would say that he pays X amount each month to vehicle finance equivalent to half the probable maintenance award and that I accept that.

When I start having to sign to say I give up my right to more should things go tits up it gets messy. If I DON'T sign though then he could be stuck with a car while I merrily take him to the CSA for the whole lot and say stuff the car. I can see his point.

Any ideas on how I sort out a vehicle that work for under a grand?

His own business? HA! He's saving money isn't he?! He'll put the car as a business expense, won't he? He'll have to pay some tax - something to do with the benefit of it?, but the rental will be an expense he'll put on his annual return, won't he? (long time since I filled in those annual returns though)

You are going to lose out. He is going to save a bundle.

ebay?

doubt you'd get a mpv tho...car auctions?

Hobbgoblin, do you have CAT? I don't, but I may have something for you. If you can CAT me, I can let you know what it is.

I know he is doing this to save money. I know he has no idea what love is when it comes to people but every idea when it comes to money.

I can't change him and make him see how this is money for a safe car for a DD he professes to love or that the full payment would be to ensure she goes doesn't go without. He is as mercenary as they come. Always has been and always will be. This is why we separated. This has been the underlying issue in our whole relationhip and why he wanted me to terminate my pregnancy.

However, we need this car. I can live without the other 50 percent and still give DD good food and clothes and a nice house (even if she has to share a room with her 10 year old sister). I can manage without it so is it really bad for me to agree to this.

I was really hoping that the solicitor would be obliged to refuse due to something under family law or similar so that parents couldn't screw the other parents and dodge paying for their child - that way the solicitor could tell him he is a money tight bastard instead of me having to.

Jesus, it sounds like this clown has you over a barrel.

Seriously, you need to see a solicitor rapido!

How many DC you got? how big a car do you need?

You need to get an appropriate allowance for your DD, regardless. TBH, if he's that minted, he needs to spring for a vehicle anyway, you can't be expected to not be able to get about FGS.

Sod the agreement he wants you to agree to, he's stiffing you badly by the sounds of it. Take taxis if you must, but go see a solicitor, get maintenance through the CSA, if he threatens you, call the police.

His solicitor is never going to do that. His solicitor does what he is asked to (unless it's illegal and sometimes even then ) his solicitor is not going to get into the morals of it, that's not what he gets paid for.

At the end of the day, it doesn't matter what anyone else says, we're all saying you'd be losing out but if you feel it's the best option for you, then do it.

I would suggest that the agreement says £X, in the form of the use of a car or if the car is withdrawn, £x in cash. To be reviewed in 3 years. Or something.

Just something to give you a bit more to hold onto.

If he is self employed, and the vehicle is solely for personal use, he should not be able to claim any of it back. It should come out of his profits. The only benefit that I can see is that he might get a better deal as a business. If he tries claiming it is a business expense, he is fiddling the tax man.

If it is a limited company he will have to pay tax/NI on it as a benefit of employment.

IIRC

solo my CAT is not working but you can email me if you like.

hotmail dot com address and first part is aimie louise no spaces

On phone to him. Solicitor says no.

From op, maint is for the "DD", so I assume that however many kids the OP has, it is the DD mentioned in OP that is his?

I'm just guessing

good god woman don't agree to this!!

Don't accept a car off him. Let him kick up a fuss. Who knows what will happen in the future, you need regular maintenance as financial security much more than you need a car. Transport can be arranged, financial support not so easy to sort out and sounds like he will begrudge any financial input TBH so may as well get it all out now. Doesn't matter if you could manage without it. If that's the case and you end up with more than you need put it into savings.

If he paid you the full amount,perhaps you could sort a vehicle out for yourself.

If you already have a vehicle why must you change it?

I thought you had 3 children, so one in the front and 2 in the back?

Why can't he continue to pay the car fee for the remainder of contract (which he won't be able to get out of without penalty anyway) AND pay the additional money to you in cash so that you are still getting the right amount per month?

When he stops paying in car/money he just pays the total to you in cash?

"2 dc from my marriage" plus dd so really don't need an MPV

4 children

My mechanic raves about the reliability of micras & astras/zafiras (they are the same car just different bodies on it).

Perhaps op is just forgetting that the front passenger seat is now vacant!

The whole car seat in the front thing is to do with air bags, you can either have the air bag deactivated (if there is one) or you just push the seat as far back as it goes and place the eldest child there.

If a car = half of the maintenance he would be paying then he should cough up the rest in cash.

I can see you are panicking if you havent got a car but I would sooner bear public transport than allow this tosser to shirk his responsibilities.

Think long and hard before signing anything and be as mercenary as him.

You know the old joke: scientists have started to carry out experiments on lawyers instead of rats, (1) because the scientists were getting too emotionally attached to the rats, and (2) there are some things even rats won't do.

X-BIL recommended his solicitor to XH when we were divorcing because he was so good, he'd managed to stiff X-SIL out of most of her theoretical entitlement. Hooray for him.

op needs a mpv....with 4 children plus baggage,space is needed!!