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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am about o enter a last FDR at court today. I have full custody

Customer Question

I am about o enter a last FDR at court today. I have full custody of my 2 small children as a father. I pay all bills for children and the assets from the FMH arte on account at solicitors. My ex wife says she cannot work more than 16 hours (no proof other than a local GP letter suggesting not to due headaches) she has worked more and has illegally claimed Tax Credits and Housing benefits as she has assets stocks and shares as well as our equity from FMH. My barrister has said that due to me part owning my own business that has a value that I could give her 78% of the assets even though I have the children. Why would the parent without custody be left in a position after the divorce of no debt a paid for house for the rest of her life only working 16 hours when no children and I am to take on a huge debt for the rest of my life whilst also taking on the financial responsibility of my children till they are at least 21? Surely my housing needs should be protected considering I have the children and she has only herself to care for? I am considering giving up as if this were the woman having the children she would be protected. I feel like resigning from my business as I will not pay for her for the rest of her life to do nothing as may as well not get divorced! Please help I am desperate.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhat is the value of the assets?
Customer: replied 2 years ago.
Hi ClaireTotal is 485343.00 but that includes itens that cannot be sold like 93,00 of jewellery. I was thinking she should get small mortgage on her part time income and sell get stocks and shares and put that towards her housing needs? Cash assets including stocks shares and equity total 343,226. If I offered a monthly figure of 500 from my business value asset over 15 years she could add that into her mortgage multiples? I could also give her the child benefit and tax credits even though kids live with me? Sorry to go on but due in court at 2 and feel lost and quite ill
Expert:  Clare replied 2 years ago.
what is the value of your interest in the business?
Customer: replied 2 years ago.
173,000 as 60% shares
Expert:  Clare replied 2 years ago.
Which of you has the Jewellery you refer to?
Customer: replied 2 years ago.
I have watch at 16000 value she had a watch 52000 value plus 25000 in other jewellery
Expert:  Clare replied 2 years ago.
RightHow are you both housed at the moment?
Customer: replied 2 years ago.
We both in rented but gets being paid by her illegal housing benefit claim
Expert:  Clare replied 2 years ago.
How much does a there bedroom property in the same school area cost to buy; and how much does a cheaper two bedroom property in her area cost?
Customer: replied 2 years ago.
Three bedroom in school area average 500,000 and a 2 bedroom in her area average is 260000
Expert:  Clare replied 2 years ago.
leaving the non cash assets where they are with each of you a 50/50 share of the assets - including the business value would give her sufficient to rehouse herself - or is that the division that you are objecting to?
Customer: replied 2 years ago.
It's the fact that there's no cash to take out my business asset as it can not be drawn in cash
Expert:  Clare replied 2 years ago.
Fair comment - it should be discounted just as pension cash would be.
On that basis do some urgent research into shared ownership schemes in her area and argue that the business assets should be discounted by at least 50% and argue that a mother in your position could expect to get 60% of the assets to cover the child care aspects.
Provided you can show that she would still be able to house herself then you may well be able to push a settlement - if not then hold out to the final hearing - the arguments are reasonable
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
Thank you - do u think I will be ok offering her a 2 bedroom house and keeping enough so I get a decent deposit to re house children? If there is only her would they prioritise her needs to have a mortgage free house and leave me with all debts for kids and home whilst running business working full time? I was meant to reduce to part time as won custody of children
Expert:  Clare replied 2 years ago.
I hope that it went well - certainly an offer that allows her to rehouse herself using a Shared Ownership scheme whilst allowing you to secure the children' s future was reasonable
Customer: replied 2 years ago.
Back from court and she is asking for all of equity and my sticks and shares and spousal maintenance for life! All because she had small income and can't work for more than 16 hours although no specialist proof. She is saying she also needs 3850 per month as well as all equity and her car paid for! I give up
Customer: replied 2 years ago.
Sorry even though I had plan to give enough to re house and cover mortgage costs they say I have to pay her till I die when I have kids?
Expert:  Clare replied 2 years ago.
Nope you don'tWhat is your solicitor saying?
Customer: replied 2 years ago.
They are saying because she can't work more than 16 hours she needs spousal east of life. Waiting to see recent payslips as sure she's working more and she's not receiving any disability benefits as had non cancerous tumour removed years ago. She goes to raves music festivals and holidays drinking yet has headaches. I have a 2 bed rental home investment and am thinking I should offer her that to re house with one chikd as she states she just wants to live alone with her when she has her - my son does not stay with get and hadn't in two years - I could pay off mortgage on that if I received cash assets and she would have house signed over to her - she can earn do she's saying she needs 3850 to live off per month! If she has a house paid for why do I have to give spousal if I xan
Prove her living costs are far far less as no mortgGe car payments only food and urilities - thought spousal was if no property?
Expert:  Clare replied 2 years ago.
How old are the children?
Customer: replied 2 years ago.
8 and 12
Expert:  Clare replied 2 years ago.
How experienced is your solicitor?
Customer: replied 2 years ago.
Very and I had a barrister attend court from COR1 in Brighton calked Cammila not sure surname
Expert:  Clare replied 2 years ago.
I find their approach odd - but then again i only know what you have said - not the whole file as it were.i do accept that it is easier for you to raise a mortgage and house the children - but the fact is that the housing need of the children are of great importance - but it is also necessary to ensure that there is suitable accommodation for them when they visit their motherI find the approach to ongoing spouse maintenance odd when it is clear that her basic housing needs can be met in full - but time limited short term maintenance to allow her two years to retrain could be a compromise.You need to ask for a basic explanation of the reasoning behind the settlement you are being pushed towards
Customer: replied 2 years ago.
I think it's because she is saying she is unable to work more than 16 hours Howe et her salary pay slips show more than 26 hours and I i covet housing need by two bedroom house Her salary plus child benefit etc will cover her monthly bills and at the end of mortgage she owns outright a two bedroom home Worth a lot more thN it is now all hers. She can also keep get pension stocks snd shares and jewellery valued at over 70k - surely that's a fantastic offer considering she does not have the children and does not intend on contributing towards their upbringing! Nobody in court had even mentioned where's her contribution back for the children surely the monies should also be put towards the cost of their upbringing ?
Expert:  Clare replied 2 years ago.
I still do not think that is a good enough excuse - ask them to put this in writing
Customer: replied 2 years ago.
Do you thinky offer to re house even though she can work as yet to have prove of disability allowance. Is enough considering she will have a large asset worth double by time she's in her 60's as well as her pension? If my housing needs due kids are first consideration then surely I'm trying to
Cover gets too then asking for thousands a month to live off as one person is absurd Nd would judge in final hearing see through that as my sister feeds herself and two children and mortgage bills etc on a third of what my ex is asking for and she will have no mortgage!
Expert:  Clare replied 2 years ago.
I really do not understand why you are being pushed to accept long term spouse maintenance in the circumstances you have described - you need them to give a clear basis for their advice
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Me neither as I am willing to cover housing requirement and also give her child benefit which then allows get to claim
Tax credits for kids giving her double her 16 hour salary which therefore gives her over 1500 a month to survive on as no mortgage. They are saying its due health as she had brain tumour benign many years ago but was removed and she has no prove she's unable to work more than 16 hours and waiting her recent payslips as sure she's working more than 16 hours. She's not receiving any disability benefits which I'm
Sure she would if unable yo work?
Expert:  Clare replied 2 years ago.
The health issues complicates matters - but I would want a medical report first!
Customer: replied 2 years ago.
If she had health issues that stopped her working more than 16 hours would she not receive disability living allowance of some sort? I know when we re rive Her last payslips and bank statements she will have worked more
Expert:  Clare replied 2 years ago.

I agree