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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughters husband who is in the raf has walked out on her

Customer Question

My daughters husband who is in the raf has walked out on her and their 2 children (aged 2yrs and 5 months old) says he likes his freedom. They have a family car in his name which she desperately needs to look after the children as the live quite remotely. It is on hire purchase and he has said if she wants it she has to pay for it, which is impossible (and he knows that) as she doesn't work. She will also be made homeless in 90 days as they live in military accommodation which is obviously linked to him not her. Where does she stand re the car?
Thank you for your advice.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to help but need some further information first.
What income do they each have and is your daughter considering divorce proceedings?
Claire
Customer: replied 3 years ago.
He has his RAF salary approx net £1200-1400 per month. My daughter has no income as she is nursing her 5 month old baby still and looking after the 2yr old. My daughter has been told she could claim income support - so basic income at present. He has only just told her in the last couple of weeks he is leaving her as he 'likes his freedom' so early stages for divorce but she has been told she has 90 days to find somewhere else to live as currently in RAF accommodation
Sam
Expert:  Clare replied 3 years ago.
Hi
Has she spoken to the Families Officer yet?
Claire
Customer: replied 3 years ago.
Yes she has it is them who gave her 90 days to find somewhere else to live... I am mainly asking what does her husband legally have to provide and mainly does he have to give her the car ?
Expert:  Clare replied 3 years ago.
Hi
The starting point is that he has to pay maintenance at 20% of his net income - and temporarily at least she could say that she will not apply to the CSA so long as he maintains the payments on the car.
In the longer term clearly she will need her child maintenance.
There is also a potential liability for spouse maintenance but that cannot be applied for until the Divorce is under way - but again one way of dealing with that will be to say that so long as he pays for the car she will not apply for it.
The Car itself is a joint assets - and one which the court is likely to give to her if there is any dispute about who should have it.
So far as the 90 days is concerned she may find that she can only be rehoused if she makes the RAF evict her
I hope this ivterview helps - please feel free to ask for further information if needed
Claire

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