we married on the 15/10/2005
You have asix-year-old son and you are both under a duty to provide a home for the childuntil age to 18. In that respect therefore the judge is likely to order thatshe can live in the house, if she has day-to-day care of your son, until he is18.
The house wouldthen be sold under the proceeds divided and as the house was yours before youmarried, that would form the basis for the percentage split.
The judge wouldnot order the house sold now unless a sale would release enough money to giveyou some and buy a house to provide a home for her and the child until 18.
Meanwhile, youare not responsible for the mortgage or the bills of a house that you do notlive in and she must pay that although the lender will chase you if she doesnot pay it. You are liable to pay child maintenance at the CSA rates and mayhave to pay maintenance for the 16-year-old if you have treated the child asyour own and the natural father does not pay.
CSA rates of child maintenance for a non resident parent earning £200-£800per week nett, are 12% for one child, 16%for 2 and 19% for 3 or more children living 100% with the resident parent. Thatis reduced by 1/7 for each 52 nights the child stays with the non-residentparent. There is also a reduction in the non-resident parent is responsible forother children. The rates increase for higher earners and decrease for lowearners.CSA child maintenance is payable till the children reach 20 years old or leavefull-time non-advanced education. Non-advanced education is generally classedas a level, not University, but there are some further education courses whichare not classed as advanced. Full-time courses can be as little as 12 hours perweek.
Advancededucation courses include: a degree,Diploma of HigherEducation (DHE), NVQ level 4 or above, BTEC Higher National Certificate (HNC)or Higher National Diploma (HND), teachertraining'Non-advanced' education includesthe following: GCSEs, A levelsNVQ/SVQ level 1, 2 or 3, BTEC National Diploma, National Certificate and 1stDiploma, SCE higher grade or similar
The CSA booklet is here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85746/how-we-work-out-child-maintenance.pdf
Which contains lots more info
Dependingon what you earn, and what she earns, there is apossibility of a liability for spousal maintenance, maintenance paid to keep aspouse , as opposed to children. Although most commonly paid from husband towife, that is not necessarily the case. Spousal maintenance is based on bothincomes, ability to earn money, previous lifestyles and most importantly, need.It is not about equalising incomes. There is no exact formula, but these linkswill give some reading..
the issue of child contact is nothing whatsoever to dowith child maintenance and whether you pay it or not. She will not be able tostop you having contact with your child. A resident parent will not be able to avoid anon-resident parent seeing the child and if the resident parent refusespoint-blank, the matter will end up in court. The resident parent would bebetter offering some contact. Theyshould both try to resolve matters using family mediation http://www.familymediationhelpline.co.uk/find-service.php
Althoughit is quicker and less confrontational than court it isnt necessarily cheaper
If this fails then the non-resident parent being deniedcontact can then apply to the court for a defined contact order which willformalise arrangements.The necessary forms are available on the herehttp://www.thecustodyminefield.com/ .
Does that answer your questions?
I am happy tofollow up any individual point you make
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hi, thank you for the information so far.
You don't seem to have answered my questions 3 and 4?
I am happy for her to live in the house until my son is 18 no problem at all but she is harrassing me to make some decision about the house now and basically is pressuring me to sign it over to her and has said that the judge will hand it over to her if she goes to court because I am not paying half of the mortgage or half of the joint secured loan is that correct? I don't want to pay for the house if I am not living there plus I cannot afford it anyway, should her boyfriend not be paying the half if he is living there? could I charge him rent? I don't want to lose any interest I have in the house though! am I entitled to get any belongings from the house as she refuses point blank for me to have anything!!
a solicitor told me a while ago not to get divorced until the house was sorted but if this is the case I could be married a long time!!
I went round tonight to collect my son and got him no problem so hopefully that was just one of her threats re no access, she does that a lot!
her son is working and has contact with his biological father so I am not responsible for him or for paying her as she earns a lot more than me anyway.
thank you very much
great thanks. Just one last point, when I first bought the house I put down 45k as a deposit from my last house and I paid the mortgage and was in my name for three years. Then we got married and decided to take some money out of the house for refurbishment etc and we took out a joint mortgage as I couldn't afford the increased mortgage by myself. I remember being in the solicitors office and she asked me if I wanted to protect my original investment ie the 45k just for me and my wife was sat next to me so I was inbetween the devil and the deep blue sea in hindsight as she didn't utter a word and so I obviously said no we're married now etc etc so did I waver my right at that point to have more interest in the house than her?
thank you, apologies taken so long to reply but I have been on holiday, I have received divorce papers based upon unreasonable behaviour, not withstanding the contents are a joke I do not want to sign or agree to a divorce until something is sorted with the house as I was previously advised, is there anything I can do? it also says on the form that she is seeking a financial order for maintenance, periodical payments order, secured provision order, lump sum order, property adjustment order and pension sharing i dont understand what the majority of these mean and will she be entitled to claim against my army pension even though I had left before I met her? If I ignore the divorce petition can she get divorced anyway? it also states that the respondent will be ordered to pay the costs of the application why is this?? thank you
what will happen if I do nothing? can she claim against my army pension of fifteen years even though I had left before I met her?
what happens if I do not sign divorce papers or ignore them? can she get divorced without my involvement? thats all I need to know, thank you