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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Im on family tax and workingtax credits 16hrs and

Customer Question

im on family tax and workingtax credits for working 16hrs and need advice on how to get a divorce and what im intiled too. living in withywood Bristol can you give me some advise on where I can get help close to me please
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.
How long have you lived together and when did you get married?
How old are the children?
Who owns your home?
Why do you wish to get divorced?
Clare
Customer: replied 2 years ago.
I got married June 18th 1994 my husband been having a affair for the last 2 years the home is in both are names but interest only mortgage and I have 4 children 3 live with me and one has his own flat my 2 boys that live with me is 22,17 and my daughter is still at school and is 11. Thank you Clare I just don't know how I stand with the house as he has moved out at the moment he paying mortgage but he's been quite nasty and I need to break contact so need to see how I stand with my home, thank you
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.
The house is worth with a drive past viewing 175 and we owe 111 my income is 430 a month part time each month then I get 187 a week working and family tax credits for me and my daughter and then I get 300 a month disability as I have a spine disease. He's self employed and brings anything after tax about 1800 to 2800 it's differant each month. No other assets on the home. Thank you
Expert:  Clare replied 2 years ago.
Hi
is he paying just the mortgage - if so how much is that - if not how much is he paying in total
clare
Customer: replied 2 years ago.
He pays me £500 on the 10th off each month the mortgage is £447 and then the other is towards are daughter
Expert:  Clare replied 2 years ago.
Hi
DO you know what he earns before tax
Clare
Customer: replied 2 years ago.
He pays 20% tax and he's a dryliner so he earns differant each month but properly about 2,300 be for tax
Expert:  Clare replied 2 years ago.
Hi
Des your daughter ever spend the night with him - if so how often?
Clare
Customer: replied 2 years ago.
Not very often she stayed one night 3 weeks ago and will go up for tea now and again, he's been a bit violent towards me in the past so it's scared my daughter a bit so they text but she don't really like sleeping over
Expert:  Clare replied 2 years ago.
Hi
Is your 17 year old still at school/college?
Clare
Customer: replied 2 years ago.
No he's just started a full time job
Expert:  Clare replied 2 years ago.
Hi
Are there any private pensions involved?
Clare
Customer: replied 2 years ago.
No
Customer: replied 2 years ago.
No private pension or we have no other debt together, thank you for all your help stella
Expert:  Clare replied 2 years ago.
Hi
You are entitled to issue a divorce petition based on the fact that your ex has behaved unreasonably
You can read about the process here
https://www.gov.uk/divorce/file-for-divorce
Financially you are certainly entitled to remain in the property until the youngest child is 18 - and at that time you are likely to receive a larger share of the equity when it is sold - maybe 60% or 65%.
So d=far as ongoing payments are concerned you are entitled to 12% of his gross income as Child Maintenance.
You also have a claim for spouse maintenance - so the amount that he is paying is probably about right
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much for all your help stella
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare