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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35088
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son has split from his wife last year after 5 years when

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My son has split from his wife last year after 5 years when they got into debt. When they first met she had a job but as soon as they moved in together she left her job and depended on him fully. She then got pregnant and they decided to get married and our grandson was born 5 years ago. From the beginning they used their credit cards and splashed out on expensive things and she kept getting fed up of everything and changing her furniture and house items around every few months and they had everything they needed but she was never satisfied. My son was trying to please her all the time and ended up working 60 hours a week to try and pay the bills. Eventually when he could no longer get any more credit and had difficulty paying their bills she left him and went back home to her parents with their son. She got her old job back with her fathers business but as soon as she met a new man she left work again and they moved in together to a flat with our grandson. My son had a nervous breakdown soon after the marriage break up but he managed to pull through and consolidate their debts. He sees his son every couple of weeks and is paying the correct amount of maintenance for his son as well as for another son he had previously with an ex-girlfriend. He dosent earn a great deal as he works in a warehouse.  Some of her child benefits amounting to £700 were paid into their old bank account but she dident miss them for 4 months as she moved back home with her parents in the beginning and her family looked after her then and are quite wealthy. The bank have refused to give the money back when my son tried to get it for her as they owed alot of money to this previous bank account and my son had to open a new account with another bank after consolidating his debts so she is trying to say he owes her this money even though she should have changed the account details to her new bank but forgot about it when she dident need the money. His ex wife is now bribing him that he cannot see his son unless he gives her this £700 and her new boyfriend has threatened to beat him up.He has evidence that she is bribing him by a text she sent him. Please can you give me some advice what he should do.

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I assume that this money was swallowed up in what were joint debts?
Customer: replied 3 years ago.

Yes it was joint debts and it was my son who was the only one bringing in any wages to the home. Every debt she incurred during their marriage had to be paid by him. It seems to me that when she couldent get any more credit and they ran out of funds she left him.

The law says that children are entitled to regular contact with both parents and the courts will enforce this if necessary.
Contact is not linked to the finances in any way and if your son's ex does try and stop contact then your son can apply to the court for a Child Arrangement Order which protects his time with the child.
With regard to the £700 he does NOT have to return it to his ex.
It has been used up on joint expenditure in joint expenditure on joint debts.
If her new partner threatens him again then he should report that to the police
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you