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parasitic x

  • Fiona
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26 Jan 08 #11966 by Fiona
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The law in England&Wales considers the overall picture and it's always difficult with finances to comment on where people stand and what their options are without knowing the full facts.

The first point is the ex working full time possibly would have little impact compared to her working p/t whilst receiving CTC/WTC. Secondly, as Sarah said, the amount of CM seems low in relation to SM. Thirdly, the courts consider the income of new spouses/partners in relation to deciding how living costs (in this case your husband's) can be reasonably apportioned.Lastly has your husband considered capitalisation of SM?

It's always best to remain neutral, businesslike and not cause offence in these matters. If your husband communicates reasonably with his ex and his actions are proportionate he will be in a better position to put forward his case.

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26 Jan 08 #11974 by Monitor441
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Kitten

Is that a typo? Your husband earns £200K net per annum and CM is £200 per month

Mon

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26 Jan 08 #12008 by kitten44
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not a typing error.
we are making an offer to discharge sm completely. cm is due to finish in march.
the x will be able to draw pension ( she got from my husband) in Dec 08. So we are going to offer to cover mortgage, bills etc approx £1k per month until Dec

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26 Jan 08 #12011 by kitten44
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£200 per month seems low for cm but 3 children live with us and 1 with her.she is effectively getting £26k per annum tax free

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27 Jan 08 #12029 by maggie
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How old is she K44?
- do you know what her income will be from her share of the pension?
Will it cover her income needs from now on?

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27 Jan 08 #12044 by kitten44
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she will be 50 in Dec
her pension will be £60k in lump sum if she wishes. so can pay off large amount of mortgage

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27 Jan 08 #12048 by maggie
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Are you sure she can take her share of the pension on divorce into payment and therefore take a tax free lump sum at age 50? For pension sharing it's usually minimum age 60.Or is it pension attachment/earmarking - she gets her share when your husband takes this shared pension into payment?
Is any of it Protected Rights - ie the contracted out NI rebate portion? - if so as law stands at present she can't take lump sum from that part.
I'm not certain whether your income will be taken into account when your husband's income needs are re-assessed for a variation of spousal maintenance?

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