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Divorce Settlement Whats Fair?

  • jowilli11
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22 Sep 16 #483910 by jowilli11
Topic started by jowilli11
Hi, I am new to this forum my name is Jo. I have two kids ages 5 and 7. To cut a long story short I have separated from my husband. We have been together ten years married three.

Whats the deal with financials? Both our small boys go to private school as this is what my husband and his family encouraged and I am keen to continue them going there. I rent our small cottage in the countryside to which I have organised housing benefit and single parent benefits for which is a great help. I also work part time as an air hostess and get an income from that.

My husband has his own business which he earns money out of sometimes but mostly he gets money from his mum and dad and lives back at their place.

He has left us also in quite alot of debt as well which I manage monthly with payments.

He has no assets he basically lives off his parents.They are pretty well off. His mum transferred me £1000 pounds on Friday to clear some debts. I don't ever ask her I just think she feels as though someone should help us.

I hate asking for money and would really like to be independent but feel he needs to contribute for his kids.

Any advice appreciated. Thanks B)

  • hadenoughnow
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04 Oct 16 #484288 by hadenoughnow
Reply from hadenoughnow
Hello Jo and welcome to wikivorce. Sorry you have had to wait for a response.

I think the problem here is that there just don't seem to be any assets.

Your stbx should pay child support - but that is calculated on his earnings. If he is earning little or nothing then you will have trouble extracting anything from him. The children are a joint responsibility but, if it comes to it, you may well end up having to fund them on your own.

There is no property to divide and, from what you say, there is debt. How was this debt accrued? Is it in his name or joint names?

You say his family want the children to stay in private schools?
If this is the case, you may need to discuss setting up some sort of trust from which the fees could be paid. Otherwise you may well need to transfer them to state schools.

It does sound like you need to get your financial affairs separated as soon as practicable. Have either of you started divorce proceedings?

Hadenoughnow

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