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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I recently separated from my husband, and our two children

Resolved Question:

I recently separated from my husband, and our two children live with me, although they spend two days a week with him. I work full tome as a nurse, doing two jobs, but am struggling financially, and he refuses to give me any financial help, saying that he has no money, although he runs a hire car, and has his own business. He also earns money which he does not declare. He has a girlfriend, with whom he cheated before we separated.I am worried that I will lose the rented house I live in with the children. Also, when he has the children he takes them away without telling me, and tells them that I am sick in the head, which I am not. I am very worried about my childrens welfare and about finances. I my family have helped me with money, but I can't keep asking them when my husband is not contributing, and anyway they cannot afford it.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What income did he have when you were married?
Clare
Customer: replied 2 years ago.

I really don't know. He has had several businesses over the past nine years, all of them liquidated as far as I am aware. Money has always been all or nothing on his part, although I have always worked, and had a regular income. I know that he used to (and probably still does) declare only that he paid himself minimum wage. He currently has a call centre which was funded by a grant from the local council. It opened around the time that we separated. I believe that he also has recently aquired an interest in a local pub.

Expert:  Clare replied 2 years ago.
Hi
How old ate the children and do you intend to start divorce proceedings?
Clare
Customer: replied 2 years ago.

The children are aged 3 and 8. I cannot afford to start divorce proceedings right now, due to my difficult financial situation.

Expert:  Clare replied 2 years ago.
Hi
When did your ex last take the children away and where to?
Clare
Customer: replied 2 years ago.

He has taken them from Somerset to Wolverhampton to his family on several occasions without letting me know. He has lied, and said that he is remaining at home or taking them to the local park.He has written off 3 cars in the past year, and so I naturally am concerned for their safety, and furthermore I want to know where my children are at all times. I would add that my husband changed his surname by deed poll last year, I think to avoid debts.

Expert:  Clare replied 2 years ago.
Hi
Has he always returned them without a problem?
Clare
Customer: replied 2 years ago.

Yes, except that they are sometimes dirty, and on one occasion had nits.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that has Parental Responsibility for the children and is entitled to take them to visit family and friends without informing you if he wishes to do so.
It is certainly good manners to let you know where they are - but unless he is regularly staying else where with them he does NOT have to tell you what he is doing.
He does however have to pay Child Maintenance and if you cannot negotiate a reasonable figure with him then your only option is to apply to the CMS (new CSA) for an assessment which can then be enforced.
I am sorry - I know that this is not the news that you wanted but sadly it is the position that you are in.
If and when you do start divorce proceedings you will if you wish be able to force financial disclosure of his position so that you can view the figures yourself
Please ask if you need further details
Clare
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