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Ex's disability vs children's needs?

  • brokeandexhausted
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07 Dec 07 #8658 by brokeandexhausted
Topic started by brokeandexhausted
Hi,

New here and wondering if anyone has any experience/advice that could help.

Facts in a nutshell.

Married 18 years
Children 17, 15, 11 with me in FMH
No money from STBX in 3 yrs.
Hasn't really seen/contacted kids in 2 yrs
Me main breadwinner for last 10 yrs of marriage - equal before then.
Own business started after redundancy - income OK atm but future precarious.
FMH equity circa 210k
Endowment (joint) current value 45k
Me 46, him 59

BUT
He has disabling illness diagnosed since separation although specialist does not appear to think it is that bad at the moment.
Is living in rented Housing Assoc place but reckons it is not suitable.
Has other health problems ? related to years of (admitted) alcohol abuse? plus use of antidepressants.
Lives on benefits inc carer allowance
Large occupational pension pot - paying 12k a year from next year.

My question is .... should his needs outweigh those of me and the children? What would be a fair split of the assets (I want a Clean Break). Will the court take into account the fact that any lump sum he has will affect his benefits? NB there is not enough equity and I do not have sufficent mortgage raising capacity to buy two properties.

  • DownButNotOut
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12 Dec 07 #8912 by DownButNotOut
Reply from DownButNotOut
Courts priorities are clear:

1st : needs of the kids

2nd : needs of the parent who cares for the kids

3rd : needs of the other parent


If there is not enough to go round then the one on the bottom of the above list is the one who will feel hard done to.

But his age, low earning capacity and illness will all be factors that contribute to his needs - and will be considered.

On asset split I would reckon him getting a charge on the house 35% of the assets to be released when your youngest is 19, plus being allowed to keep his occupational pension, might be a reasonable outcome.

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