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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my husband and I have just recently separated, we have a guardianship

Customer Question

my husband and I have just recently separated, we have a guardianship order for our three grandchildren, I have had to give up working due to 1 of our grandchildren having epilepsy and being his sole carer, my husband is still working and living with another woman. will he have to maintain the children and myself.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What assets are there and what income do you each have?
How old are the children?
Clare
Customer: replied 2 years ago.

the children are aged 10, 7, 6. we do not have any assets, he has his monthly wage and I get dla for my grandson and carers allowance, child benefit.

Expert:  Clare replied 2 years ago.
Hi
How much does he earn and whose name is ***** ***** in?
Clare
Customer: replied 2 years ago.

the tenancy is in both names, he works 30 hrs a week with over time when available at national minimum wage

Expert:  Clare replied 2 years ago.
HI
How old are you both?
Clare
Customer: replied 2 years ago.

my husband is 50 I,m 47

Expert:  Clare replied 2 years ago.
Hi
Will he agree to the tenancy being transferred to your sole name
Clare
Customer: replied 2 years ago.

probably. would have to ask him.

Expert:  Clare replied 2 years ago.
Hi
Since the children are not biologically your husband's children the CMS (new CSA) will not be involved in Child maintenance.
HOWEVER he will still be liable to pay for them and if necessary you can apply to the court for an Order for him to do so
Given his limited income it is unlikely that he would have to pay any spouse maintenance
If he will not agree to a Transfer of the tenancy then the Court can also order that as well.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

hi clare your answers were very helpful, as a result my husband and I are going to give our marriage another go with the help and support of a councillor. thank you once again for your help. I will no longer require your services thank you.

Expert:  Clare replied 2 years ago.
Hi
That is good news - I hope all goes well
Clare