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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Good dayMy husband and i have 2 children a 2 year old and

Customer Question

Good day
My husband and i have 2 children a 2 year old and 7 month old. We privately rent a house. He has recently indicated that he wants to leave the family home And live by himself. He wants space. Ive found some evidence of an affair. Ive looked at some of his bank statements and things dont add up. Was this illegal to look at his bank statements? Does his infidelity change things eventhough he denies it?The home environment is very unconfortable with me knowing he wants to go him not wanting to be here. I am still on maternity leave snd return to work begin of Dec. if he moves out now while im still on mat leave what is financial responsibility towards myself n kids? Can i ask him to go? If so what are the implications of that? If i let him stay and he goes voluntarily id also like to know his responsibilities ito childcare child maintenance and the home itsslf where we will be staying on. Im in the uk
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhat income do you each have and what capital assets are there?
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi we rent a home i used to be breadwinner but as i said im on maternity leave. He is a door supervisor earming £10 an hour Im an audiologist in nhs earning £17 an hour im reducing my hours to 30 hours a week. At the moment he works about 45 hours a week but not sure if hed have to look after kids some days when i go to work how many hours hed realistically bevable to do
Expert:  Clare replied 1 year ago.
Hi
Are there any savings at all?
Clare
Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.
Are you eligible for benefits?
Customer: replied 1 year ago.
I am not too sure yet as his still in the house at the moment. I was informed that only once he leaves the house would they be able to say if im elligible. I currently receive child benefit
Expert:  Clare replied 1 year ago.
Do you consider the relationship to be at an end?Do you actively wish to separate?What is your principal concern?
Customer: replied 1 year ago.
He is the one who wants the separation my biggesr concern is finances
Expert:  Clare replied 1 year ago.
What is your income whilst on maternity leave?
Customer: replied 1 year ago.
Statutory £655 a month
Expert:  Clare replied 1 year ago.
If you separate your ex will have to pay you child maintenance - at 16% of his gross income at most, and possibly spouse maintenance whist you are off work.However you will also be entitled to Housing Benefit to help with the rent, Child Tax Credit and eventually possible working family tax credit which may reduce your reliance on spouse maintenance.You and he will have to agree how the children will share their time between you - and of he has them more than one night a week this will reduce his child maintenanceYou should try and discuss these issues with your ex using Family Mediationwww.familymediationhelpline.co.ukI hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
No this is perfect thank u
Expert:  Clare replied 1 year ago.

You are welcome - I hope all goes well

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