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loss of earnings

  • puffafish
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02 Feb 08 #12644 by puffafish
Topic started by puffafish
I started a new job in September on the understanding that my husband would drop the kids off at their various child minders in the morning. We are now getting divorced and I have had to drop my hours from 37.5 to 35 a week in order to be able to drop the kids off myself and still get to work on time. His hours haven't changed. Regarding the financial settlement, could I argue that, as I have had to take a drop in hours and salary which is costing me approx £1900 a year for the next 14 years until the youngest can take herself to school, (she is 20 months at mo), then this amount (£26,600) should be offset against the amount of equity in the house, my pension etc that I am having to use to buy him out?
Any suggestions or am I being picky?

  • DownButNotOut
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03 Feb 08 #12685 by DownButNotOut
Reply from DownButNotOut

In the context of Ancillary Relief what your small drop in salary will not be a big factor and no...you will not be able to 'capitalise' that salary drop and count it against the assets.

My rough calculations based on you statement is that your earnings are in the 30k a year range. This is enough for you to be self sufficient. I assume your soon to be ex also earns a decent salary.

The more significant factor in determining a fair split is the amount of days/week you each have the kids.

If one of you does the majority of the childcare then that person could push for a greater share of the assets...perhaps 60% for example.

  • attilladahun
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03 Feb 08 #12692 by attilladahun
Reply from attilladahun
Does he pay towards the childcare costs or just pay CSA?

If there is an educational element to the childcare you could seek an order from the County Court on top of CSA....BUT the costs of doing so are likely to not be cost effective:(

What is your inc from wages net plus tax credits + benefits and CSA?

Now what is H's income net after CSA payments?

Ask yourself can realistically H can afford to contribute a little more ie because his new Ptnr is working etc??

  • puffafish
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03 Feb 08 #12701 by puffafish
Reply from puffafish
My childcare costs are £650 a month. He has youngest child 9 - 5 every Sunday and for an hour on Tuesdays. The older two are his step children so he does not see much of them anymore. His CSA payments have been worked out at £180 a month. Rather than expecting more every month, I was wondering about splitting the equity in the house 70/30 or 60/40 as I have all the costs of housing the children? My net is approx £18,000. Tax credits ok at mo but will drop considerably in April due to being done on tax year 06 - 07.

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