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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I got divorced last year, it was amicable at the time. Our

Customer Question

I got divorced last year, it was amicable at the time. Our 15 year old son went to live with his dad by choice. We did not seek a financial clean break at the time. My husband did not care properly for our son, who got into trouble at school and a minor incident with the police. He is now back living with me as I have always been the more responsible parent having also been a stay at home mum for our 4 older children. My ex currently gives me £40 a week child support and has our son 1 night a week. He earns £35000 per annum. I am on a return to nursing course which does not pay, as I gave up work during our marriage to care for our autistic son. The course will enable me to get a nursing job later this year. There is no property to divide. My ex has a pension which can be cashed in 5 years time at an estimated value of £34000, and a teaching pension which he started paying 3 years before our divorce. He is set to inherit the equivalent of £300000, when his parent die, although they are only in thief 70's now. Can you give me an idea what I should expect financially, please?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to assist you fully:-Are you in England or Wales?-How many nights a week on average does your son stay with his father?-How long were you married for?
Customer: replied 1 year ago.
I am in Wales.
My son stays with his dad one night a week.
We were married for 22 years.
Expert:  Harris replied 1 year ago.
Thanks - have you remarried since the divorce?
Customer: replied 1 year ago.
No I have not
Expert:  Harris replied 1 year ago.
Thank you. In relation to child maintenance, the father's legal liability is £69 per week. If he refuses to pay this then you can submit an application to the Child Maintenance Service.In relation to the matrimonial assets, the court will initially not look at the inheritance he is due to receive and look at the pension and any savings and then see if they will be able to meet your needs and your son's needs initially (as you are his main carer), and then the father's needs. If you are unable to meet your needs from the current assets then the court will consider his inheritance in order to suitably house you and your son. In relation to the pension, due to the long marriage and you not having a pension, a court would likely agree that you should share his pension and the court will be able to order for you to obtain a share of this. The starting point will be a 50-50 split of all the assets and a departure from this equal split will be based on your needs and your son's needs.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.