there is absolutely nothing in the pot at present.
We have shared care of our two children (10 and 11)
The children live with me for 47% of the year to her 53%
My ex wife lives in a 3 bed council house, earns a part time wage of £20,500,
receives all tax credits (including disable premium for our eldest), high rate DLA and high rate mobility totalling £350pw meaning she has a total income of nearly £700pw
I on the other hand work part time and earn £1160per month,rent of £750 per month and council tax of £90 per month leaving me £320 per month to pay utilities, food etc and run a car and support my kids on. I have been asking her since August 2011 if she can sign over one of the child benefits and give me a proportion of our eldest DLA and mobility but she refuses to. She sees the benefits as her money and not for the benefit of the children. I have had no choice but to apply to court for ancilliary relief, ie maintenence pending suit, spousal maintenence,
pension sharing order etc
I really dont want to do this as it will incur considerable costs on both sides, which i know i can''t afford, i still hope that we can reach mutual agreement but we have been in this position for the past year so i''m not holding out much hope.
I just feel that our children are at a huge disadvantage when they are living with me due to the large disparities of incomes in the two homes. Her actions regarding our disabled son''s benefits are unreasonable. Basically implying that when he lives with her, he is 100% disabled but when he lives with me, he is able bodied as i am not entitled to any financial help.
I will be asking for the MPS to be backdated to August of last year as that is when I started borrowing money from my friends and family to care for and support my children.
I just wanted to know if the court would look at these "loans" and take them in to account due to the exceptional circumstances?