, hoping you can help, so my boyfriend has 3 girls with his ex wife ( ages 6 - 10 ), who are with him over 104 confirmed days of the year and additionally there are holidays etc which cannot be included with the CSA. He agreed a settlement amount with his wife ( 1/4 of the equity of their home and another settlement if anyone moved in with her ) and now she has said she wants to get solicitors involved. Since they agreed to settle independently without solicitors circumstances have changed considerably. I now half own a house with my boyfriend and she has moved her boyfriend and his child in to the house that my boyfriend supports her with ( the mortgage ex is in my boyfriends name as she couldn't get a mortgage however her new partner may be taking this over). Her earning potential is much greater as all three children are at school however I am not sure this affects anything? I want to get help boyfriend as I feel his ex is being greatly unreasonable, he has been over paying child payments and didn't realise but has not demanded back payments and also ensured that her and the children had everything they needed and more. Can you offer any advice? So my question is, because she has moved in her boyfriend does this affect spousal payment or settlement amounts? Also with regards ***** ***** equity of the house how is this usually divided up? Finally the fact that we have a joint mortgage does this affect anything? one of my concerns is we may wish to have children in the future and if I decide to be a stay at home mother then his outgoings could be astronomical. Margot.
so he is in sales, it varies from approx. 100k-120k per annum. He was paying £1,500 but it was bought to his attention that he was over paying and this has been renegotiated to £1,200 a month.
can I confirm if this conversation is public or not?
Clare, it was just agreed maintenance between the two of them. However now CSA have been involved and have confirmed the total amount is £1,200 a month. So the house that the ex has moved into has actually increased in value, I believe that the house is worth around £460k potentially more and the mortgage is £100k. Walter my boyfriend has already received £100k but his solicitor has said he is due more, but his ex's solicitor is saying that he is due no more. Thanks Margot.
I believe a clean break was agreed along with child maintenance but this is all up in the air again now if that's helps at all
what do you mean by court order?
I believe that they have started from the beginning again she has requested a FDA and the negotiations appear to be starting again
him and his ex originally agreed to settle between themselves with involvement from Walters solicitors to keep costs down. it was agreed that they would sell the family home and from the equity of the house (£421k equity) from the house sale it was agreed that Walter would get £100k and the rest of the funds would go towards a house children and Walter would keep the mortgage in his name as his ex couldn't get one, Walter wanted his children in a safe area so was happy to do this to provide . However upon going back to his solicitor the solicitor advised that actually he was entitled to more when his ex cohabited, to the sum of around £50k and that his original workings were not accurate and in fact a little light on Walters behalf. He then went back to his ex to advise that there was another 50k due to be paid and she agreed at the time but has since got legal advise and is now saying that her solicitor disagrees. the amount was payable after 6 months of cohabiting with a new partner, she is now cohabiting with her partner so the sum would have been payable I guess 6 months from settlement. Can you help with regards ***** ***** the entitlement actually is or is there a rule of thumb to approximate this. also my original questions stand. His ex works a couple of days a week, the children are at school and she chooses not to work full time. Her monthly income including child maintenance, child benefits, tax credits and salary prior to this month were £2,534, now that CSA have formally calculated an amount it is £2,234. Her mortgage is minimal £110k over 28 years I believe. However it has been suggested that her cohabiting partner will take this on so that he has equity in the house. Walter just wants a clean brake and wants both him and his ex to get what they are both entitled to. This is very distressing as I'm sure you can imagine, they've been separated almost 3 and a half years and he just wants to sort it out. Please let me know if you have a list of questions that would help you.
sorry separated June 2012 - 2 and a half years
Clare, Walter sent a mail after being informed by his solicitor informing his ex of what he had been told, there's no contract or anything official whereby Walter confirmed this to be gospel, it was merely based on what he had been informed and he was supporting and helping his ex in trying to move forward with her life and find a new house. the mail outlined how much a £100k mortgage would cost her and he said that would be all she needed, the mortgage is joint ( apologies just found out ) as his ex couldn't get her own. Walter was then later informed approximately 6 weeks after that in fact he should be due about another 50k at a point of Janine his ex cohabiting. Basically the house sold than it was meant to so this changed the solicitors stance. Basically Walter wanted a clean brake and was informed that 100k from the house and monthly payments of £1,500 would offer this and then his house sold than expected and Walter's solicitor informed him he was due a third. Please let me know if there are a list of questions you need answering.