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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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I need some advice on a family issue. I have two kids

Resolved Question:

I need some advice on a family issue.
I have two kids both under the age of 3years. The father of the kids is very abusive and always controls me because he earns more money than I do. I want out of the relationship but I am scared to leave because I can not afford with two kids the child care and food on my on. I am stuck. He earns about £55000 a year. We are not married.
1. Can I leave and still get him to help and support kids. How much can he give me. With regards ***** ***** do me and the kids have to leave the property. The mortgage is in his names, I have however been leaving there and doing all the domestics and childcare. Can I get legal representation?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Has there been any physical violence?
Clare
Customer: replied 2 years ago.

The flat was bought at 150,000 pound a couple of years ago and the out standing must be about 120,000 pound now. I don't know if shouting at me and locking me in the room qualifies as physical violence. His biggest weapon is money. He uses money to control me.

Expert:  Clare replied 2 years ago.

Where were you living before you moved in with your partner?
Clare
Customer: replied 2 years ago.

I was living alone in London not far from where we live now. Then got pregnant and had to move in.

Expert:  Clare replied 2 years ago.

If you separate then you will be entitled to child maintenance at 16% of your gross income - a little less if your ex has the children overnight more than 52 nights a year.
In addition your partner is under a duty to help you house the children until they are 18 and this could give you the right to remain in the property (without him) until then - although at that point you would have to leave as you have no financial claim on the property
Legal aid is not usually available - but if you can show that you have a health condition such as depression or anxiety as a result of his behaviour you may be eligible
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Clare

Many thanks helpful response. I however do not understand when you say "If you separate then you will be entitled to child maintenance at 16% of your gross income". Did you mean of his income or my income? I am little confused.

Also is the child maintenance in addition to housing the kids? Would he have to continue paying the mortgage and bills? If he can cover those basics I can look money to feed the kids. Its really expensive especially with childcare costs when i go to work. Plus nappies and formula etc.

I will research into getting legal aid but if I am turned down how much do you think it would cost me to get legal representation privately? I just need a rough estimate. Also if the case goes against him would he be obliged to put me back legal costs? Thanks so much help.

Expert:  Clare replied 2 years ago.

My apologies it was a typographical error - it should of course read "his gross income"?
It is unlikely that he will have to pay the mortgage as well - but 16% of £55,000 amounts to over £700 a month
It is impossible to guess how much private legal fees could cost - but £2000 is a good starting point if the matters settle swiftly
He will not be ordered to pay your legal costs
Clare
Customer: replied 2 years ago.

Will the payment be per child?

Thank you so much. You have been extremely helpful. I am going to click on rate to finish but is it ok if I contact you again incase i have question? It may not happen but just incase.

Expert:  Clare replied 2 years ago.

You are most welcome - and you may ask to deal with your questions at any time
Clare
Customer: replied 2 years ago.

Will the payment be per child?

Expert:  Clare replied 2 years ago.

No that is the payment children
Clare
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