How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Evening. My wife has recently admitted adultery and plans to

Resolved Question:

Evening.
My wife has recently admitted adultery and plans to leave me this week.
We've been married for 4 yrs and have 2 children aged 5 and 8
She's walking out of the family home and going to rent.
Also she's just been to mya this evening to book her breast augmentation surgery for November.
The question arises this evening about supporting the children's extra curriculum activities and that we should pay half towards their activities.
She states that she may not have any money left at the end of the month to contribute as she'll of had to pay back the 7 grand loan for the surgery.
How would this look in a court of law. A woman leaving the family home. Then putting herself into debt for vanity reasons instead of looking after and supporting her children properly.
She has no family or support network.
As a man and father would I be required to keep her in the same life she's accustomed to when she was living with me?
Or would all this be frowned upon and I'd have a good case should it go to court?
Kind regards
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Who will the children live with?

Customer: replied 11 months ago.
We will share joint custody.
I work a 4 on 4 off shift pattern so I'll have them at least 4-5 days
Customer: replied 11 months ago.
Whilst working my former wife will have them.
Expert:  Clare replied 11 months ago.

What exactly is it that you wish to know?

Customer: replied 11 months ago.
If she decides to take me to court over money will she be able or in a viable position to do such a thing. Bearing in mind I will be supporting them from our family house and we will be sharing custody, what exactly could she seek or gain from me in monetary terms?
Expert:  Clare replied 11 months ago.

What income do you each have?

Customer: replied 11 months ago.
She earns 1700 per month
And myself 1800 per month
Expert:  Clare replied 11 months ago.

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 11 months ago.
The house is on the market we should get around 10 grand each from the house and there is 90 grand outstanding on the mortgage
Expert:  Clare replied 11 months ago.

Has she agreed the sale?

Customer: replied 11 months ago.
I suppose.
It was on the market prior to her deciding to leave.
So i decided to keep it on and said we'd go halves on the sale and she agreed.
Expert:  Clare replied 11 months ago.

So you earn much the same and she has no wish to keep the matrimonial home

You will share the children equally - is that all correct?

Customer: replied 11 months ago.
Correct yes.
Expert:  Clare replied 11 months ago.

Do you have similar pension provision?

Customer: replied 11 months ago.
similar
Customer: replied 11 months ago.
We both pay 6% of our salaries into a pension fund set uo by our companies
Customer: replied 11 months ago.
Set up by
Expert:  Clare replied 11 months ago.

Given the agreement that the house is sold and the money divided; the fact that you earn much the same and the pension provision is balanced there is little chance of either of you making a successful claim against the other for your personal support.

From what you have said the children will share their time equally between you so Child Maintenance is not an issue either.

It is possible that you will end up paying for the activities that you (and the children) wish the chidlren to do - but there is no way around that I am afraid.

Please ask if I have not dealt with what you are actually concerned about!

Clare and other Law Specialists are ready to help you
Customer: replied 11 months ago.
That's fantastic, you have been most helpful, thank you.
Expert:  Clare replied 11 months ago.

You are most welcome I hope all goes well

Related Law Questions