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Selling house,is mother entitled to proceeds?

  • Tintintin
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17 Jun 12 #337241 by Tintintin
Topic started by Tintintin
I pay maintenance through CSA to my ex. We never married or co-habited.
I''m thinking of selling up and buying something smaller to use surplus for court case seeking contact with my child.
Will ex be entitled via CSA to any surplus cash from sale or a percentage of it?
Thanks

  • WYSPECIAL
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17 Jun 12 #337249 by WYSPECIAL
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Not unless you leave £65k plus in a bank account and she asks for a variation. Not entitled to any lump sum though.

No need to spend loads on court for contact. Represent yourself. Join Families Need Fathers

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18 Jun 12 #337457 by Tintintin
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Hi there,

Thanks for your reply, but it looks like she could claim against any lump sum as confirmed by a family lawyer:

The CSA will look at any assets (apart from your home) worth more than £65,000 and say that it gives an income of 8% per annum and complete an assessment on that notional income.
In addition there is a risk that if you have spare assets then your ex can make a claim under Schedule 1 of the Children Act for the use of a lump sum to help her house the child until the child is 18 (at which point the property would revert to you.

Needless to say I''m going to do some maths!

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