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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 17012
Experience:  I have been practising for 30 years.
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I am wanting to split from my partner, we are debt mainly me

Customer Question

Hi I am wanting to split from my partner , we are debt mainly me as he always tells me to take a loan out. Were in rented accommodation , I work part-time and I'm worried about money on how I can afford to live etc. Does he legally have to help pay off the debts etc. I have 3 children 11, 16 and 18thank you
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nope , I have done anything as yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Leeds
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nope
Submitted: 7 months ago.
Category: Family Law
Expert:  F E Smith replied 7 months ago.

Good morning. I will assist with your question - be aware this is an email not chat service therefore I maybe delayed in replying.

what are the loans for?

are they taken out in your name?

how much is owing?

whos name(s) on tenancy and who pays rent?

Customer: replied 7 months ago.
in my name , over draft with the bank
Struggling to stay with him but feel I need to finiacially
Customer: replied 7 months ago.
I pay the rent it's through friends . We haven't a tenancy agreement.
Expert:  F E Smith replied 7 months ago.

If the debts are in your name, then you are legally responsible for them.

You may be able to recover part of that money from your partner although it would depend on what the money had been spent on whether it had been spent on you or on the “relationship”.

You say that you have three children but you don’t say whether they are his children.

If they are, he is obviously liable to pay child maintenance at the CMS rates until they reach 18 or leave full-time nonadvanced education.

The CMS rates: which are here

Do read the whole document but the basic rates start at the top of page 18.

Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.

If the children are not his, then it’s unlikely that he has any liability unless he has adopted them or treated them as his own and the natural father doesn’t pay anything.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.