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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35077
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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I need some advice on a family issue. I have two kids

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I need some advice on a family issue.
I have two kids both under the age of 3years. The father of the kids is very abusive and always controls me because he earns more money than I do. I want out of the relationship but I am scared to leave because I can not afford with two kids the child care and food on my on. I am stuck. He earns about £55000 a year. We are not married.
1. Can I leave and still get him to help and support kids. How much can he give me. With regards ***** ***** do me and the kids have to leave the property. The mortgage is in his names, I have however been leaving there and doing all the domestics and childcare. Can I get legal representation?

Thank you question.

I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Has there been any physical violence?
Clare
Customer: replied 3 years ago.

The flat was bought at 150,000 pound a couple of years ago and the out standing must be about 120,000 pound now. I don't know if shouting at me and locking me in the room qualifies as physical violence. His biggest weapon is money. He uses money to control me.


Where were you living before you moved in with your partner?
Clare
Customer: replied 3 years ago.

I was living alone in London not far from where we live now. Then got pregnant and had to move in.


If you separate then you will be entitled to child maintenance at 16% of your gross income - a little less if your ex has the children overnight more than 52 nights a year.
In addition your partner is under a duty to help you house the children until they are 18 and this could give you the right to remain in the property (without him) until then - although at that point you would have to leave as you have no financial claim on the property
Legal aid is not usually available - but if you can show that you have a health condition such as depression or anxiety as a result of his behaviour you may be eligible
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Clare

Many thanks helpful response. I however do not understand when you say "If you separate then you will be entitled to child maintenance at 16% of your gross income". Did you mean of his income or my income? I am little confused.

Also is the child maintenance in addition to housing the kids? Would he have to continue paying the mortgage and bills? If he can cover those basics I can look money to feed the kids. Its really expensive especially with childcare costs when i go to work. Plus nappies and formula etc.

I will research into getting legal aid but if I am turned down how much do you think it would cost me to get legal representation privately? I just need a rough estimate. Also if the case goes against him would he be obliged to put me back legal costs? Thanks so much help.


My apologies it was a typographical error - it should of course read "his gross income"?
It is unlikely that he will have to pay the mortgage as well - but 16% of £55,000 amounts to over £700 a month
It is impossible to guess how much private legal fees could cost - but £2000 is a good starting point if the matters settle swiftly
He will not be ordered to pay your legal costs
Clare
Customer: replied 3 years ago.

Will the payment be per child?

Thank you so much. You have been extremely helpful. I am going to click on rate to finish but is it ok if I contact you again incase i have question? It may not happen but just incase.


You are most welcome - and you may ask to deal with your questions at any time
Clare
Customer: replied 3 years ago.

Will the payment be per child?


No that is the payment children
Clare
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