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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Going to college.career change/knee problems

  • Rumplestiltsk1n
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04 Jun 12 #335028 by Rumplestiltsk1n
Topic started by Rumplestiltsk1n
I hope i''m in the right section and someone may be able to help.
I have almost equal shared residence of my two children. I am a 44yo electrician whose knees have had it and awaiting another MRI scan and likely knee operation. I dont think I can carry on working in this profession as i phsically just cannot do it anymore so i have decided to return to college in september to retrain in a career that doesnt require me to be crawling around on my knees all day. I will also be looking for a part time job, about 20 hours per week, probably at minimum wage, and fitting in around my college course and having my children which is usually from thursday to sunday every week and half of all school holidays. I am not working at present due to the knee injury and claiming Income support and carers allowance for my eldest son who is 11, (younger one is 10)although i do not receive any child benefits, tax credits, DLA or mobility. I am going through divorce at present and the first financial hearing is 21st august. I have put applications in from my ex for spousal maintenence, maintenence pending suit and pension sharing order as she is working and in receipt of all the relevant benefits relating to the children. I am filling me form E in and was wondering what to put down with regards present earnings and future earnings. Would the court be likely to order my ex to pay me spousal maintenence? If so, for how long? Incomes at present are me=£1168 per month (rent 750, council tax 90) and her=£3250 per month (rent 400, council tax 120). her pension=100,000, my pension=30,000. During the marriage we both worked part time but at different halves of the week, me at the end of the week and she at the beginning of the week in order to look after our children without the need for childcare. Her part time wage was £1300 per month net, mine was £500 per month net. (she has always been the main breadwinner throughout our 17 year relationship (4 years of marriage))
my college course could well be an Access course for 2 years (under 16 hours per week) and then on to a part time course at University. I am anticipating the next 5 years or so to be spent studying, caring for my children half the week and working 16 to 20 hours also.
If my ex has to pay SM, how long might it be for? Would it have to be until the youngest turns 16 or 19?
Ideally, I would like a Clean Break, with her signing over one of the CB''b and paying me half of eldest sons DLA benefits etc £105pw. That would enable me look after the children sufficiently as well as working and college. At first she wanted 50 a week from me for CM but i think she soon realised that that was totally unrealistic. Now She just wants to keep all the benefits for the children, me to pay her no CM, and then whoever has them for their half of the week is financially responsible for them. Personally, i think that this is totally unrealistic and unreasonable.
Would her barrister advise her to settle at the first hearing to save future costs? or would they like it to drag out even longer to etort more money from her? ( i have full legal aid as i am on IS)
Any help or advise would be appreciated guys

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07 Jun 12 #335578 by Rumplestiltsk1n
Reply from Rumplestiltsk1n
bump

  • Fiona
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07 Jun 12 #335590 by Fiona
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I''m sorry but on the face of it I think SM isn''t very likely because your wife doesn''t have enough earnings.

As I said in an earlier post if you share care 50:50 you may claim CB for one child, then you could be entitled to WFTC and child maintenance minus CM you would pay for the other child under the current CSA scheme. A new scheme is due to be implemented in October but anyone on the current scheme wouldn''t be transferred until later.

  • PetalsInTheWind
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07 Jun 12 #335609 by PetalsInTheWind
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Firstly let me congratulate your wife on her recent pay increase. But being serious you are unlikely to get SM as her actual income (as stated in your post from a few weeks back)is 1366/month so SM is unlikely. The best you can argue for is benefits for one of the kids which would seem fair if you have them almost half the time in my opinion but I am just a lay person.

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08 Jun 12 #335795 by Rumplestiltsk1n
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I have recently found out that her salary is £20,500pa for 23 hours per week. She has a local authority pension which she pays in to at 8% of her salary. therefore her gross weekly pay is £394.23. She pays £71.23 stoppages per week, £31.54 pension per week(including tax relief) leaving her a net pay of £323 per week. She has a lodger who pays £50 per week. She receives child benefits £33.70pw, High rate DLA for eldest son @ £77.45pw, high rate DLA @ £54.05pw, tax credits including premium for disabled son @ £180.80pw, subsidised mileage for her work at 40p per mile which is paid a month in arrears in her wage slip approximately £60pw
If you add all these up it comes to £779 per week. multiply by 52 = £40,508per annum, divide it by twelve = £3,375.67 per month so i do apologise that i got it wrong!
we have our first financial resolution hearing on 21st august. She has been receiving this kind of figure since our separation 2 years ago, the children are with me for 47% of the year, I receive no financial help and i have just found out that she is signed of work with stress two months ago. Stress? What the hell has she got to be stressed about? She should try and support and care for two children on £1168 per month with rent and council tax of £840 per month, and flipping a coin as to which bills for the month are not going to get paid!!
She is obviously trying to reduce her wage slips to basic pay because of the FRH in august and our form E completion.
Sorry for the rant but I am balancing on the edge at the moment. Every day i receive letters threatening court action, ccj''s from debt collection agencies repping creditors. £14K here, ££6K there, £2.5K here, £1.5K there, fuel debts £800, £water debts £700, credit cards ££10K, half of which have accrued since separation, the other half during relationship but used for the family in my sole name only. Borrowing from friends and family £10K to try and stay afloat, solicitors debts of £3.5K,
I have to decide which utilities get paid on a month to month basis, i have to buy clothes and school clothes when they live with me, i have to pay for some of their after school and some leisure activities when they are with me, i have to feed them, wash there clothes, provide a roof over their heads, to say i''m peed off is an understatement. If you hadnt guessed that already. In two years i have seen my marriage end, lived in a box room with bin bags for company, had a vicious ex stop comtact with children for no reason other than she was their "mother", taken her to court for shared residence. 10 months later obtaining shared residence. Insolvency of my established business, signed off with stress and depression, an ex who plays stupid games at every opportunity, total debts currently at £45K and rising. Its only a matter of time before the debt collectors come to my home and empty it out of what little i do have. my youngest son sleeps on the floor on a mattress, I sleep on the floor on a mattress, I havnt bought myself any clothes or underwear in just over two years because i simply cannot afford it. As long as my children are ok then that is all i''m concerned about. I can go without. holes in the soles of all my footwear? Yes. holes in all of my socks and underwear? yes. Cracking up while i see my ex driving round in a car thats 2 years old. most definately. Cracking up while i see my ex swanning off to 5 week holidays to Australia, Most definately. Cracking up while i see my children walking round in designer clothes with her, and George clothes with me. Abso....bloody...lutely!!
There, i''ve had my rant. if you want to visit me i''ll either be in winchester prison for non payment of council tax arrears or the priory in a straight jacket and padded cell. Good night and god bless!!!

  • PetalsInTheWind
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08 Jun 12 #335806 by PetalsInTheWind
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Firstly calm down please. I can see how this seems really unfair and it really doesn''t seem right. If you claim for SM you are unlikely to succeed (they will only look at income as being salary and lodger payments. Expenses payments are allowed as they cover expenses) Her primary source of income is her benefits which I think it would be fair if you got a share as you have the children approximately half the time. In my opinion you should both get tax credits for one of the children. To claim these you need to be claiming child benefit for the child. I am assuming your ex will be unco-operative in this so you need to get in touch with HMRC to discuss this with them. They can decide that one parent gets benefits for one child and the other parent for the other child. I really don''t know much about the appeal system so hopefully some other more knowledgable wiki will provide more detail. I believe it happens most when care is shared 50:50 so possibly your wife having it under 50:50 is tactical. As you have one child on higher rate credits it would seem fair that you were at least able to claim for the other child which would make a difference.
Contact HMRC, hava all the facts, stay really calm and I am sure someone will try to help. Do it by phone as there is little online you can do. Have a copy of the courtv order detailing your contact. Be aware they may stop all payments to her until issue is resolved. If she is vindictive this may result in her refusing contact time with kids but as it is court ordered she in in breach of a court order and you can act on this. Hopefully she will act in the children''s best interests and won''t do this.
In the meantime (and I really don''t mean to be harsh here) make her buy everything for the kids- clothes shoes books etc as getting into more debt won''t help you or the kids. She can afford it and you can''t. It probably will be a long time before you can go and treat yourself but kids need love more than possessions.
Please stay calm and use your frustration to change what can be changed. trying for a new career is a good step so focus some energy there.
Good Luck

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