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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 5266
Experience:  Barrister at law
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I have been separated from my husband for 20 months, he has

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Hello, I have been separated from my husband for 20 months, he has our son every other weekend & I would like him to have him on a Wednesday night to give me a break but he is making it difficult and won't speak to me but speaks to our son about it who is 13. Can I seek legal help to set this up & get him to cover the school holidays?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No steps taken at the moment
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: I live in Cambridgeshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I know he is paying extra into his pension and this stops him paying me enough to look after our son, I also worked part time when he was younger does this mean I can apply to have some of his pension?

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing your question.

How long have you been married, please?

What is your son's view on going to his dad's on Wednesdays?

 

Customer: replied 16 days ago.
Hello Peter,
Married for 13 years.
My son isn’t keen but I believe that’s because his Dad doesn’t want the hassle of doing it, his Dad lives 20 minutes away & works 15 minutes away from his home.
He could pick him up after work & drop him to school on a Thursday morning & still get to work on time.
Customer: replied 16 days ago.
Hi Peter,
I can’t afford £44, so if we can email that would be better for me.
I really appreciate your help.
Sarah

Yes of course - the call request is an automated pop up so please do ignore that!

 

The only issue with the extra contact you are seeking for him to have is that if this goes to court and your son isn't keen on going mid-week, then the court may feel that there's no merit in ordering it. However, more school holiday time is something that should be more straightforward to achieve.

In terms of the pension - you will be able to claim up to 50% of this as part of the divorce settlement as it will be considered a joint / marital asset.

Can I clarify anything further at this stage?

Customer: replied 16 days ago.
Thank you
How would it work with my pension?
I know he is paying extra into his pension every month which stops him from paying me enough to bring our son up.

Happy to assist.

Pensions are considered joint assets - so both pension values at the time of divorce will be looked at and a fair division can be made if the balance needs redressing.

You are correct that the CM payments are after pension contributions have been calculated - but unless he is overpaying by a huge sum each month it won't make a significant difference to the calculation as far as the child maintenance service is concerned.

I hope this assists?

Customer: replied 16 days ago.
We have already sold our house & brought our own properties so in the divorce settlement will it only effect our pensions?

Yes, essentially, if there are no other significant assets (savings/ investments for example).

Can I clarify anything further?

Customer: replied 16 days ago.
He has consolidated all his pensions with a company called Fisher Investments, as far as I know that is all he has, does that matter that he has done that?

No, as long as the pensions can be traced and valued it doesn't matter where the funds are invested.

 

I hope this clarifies things?

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

 

 

Customer: replied 16 days ago.
Many thanks for your time, Peter you have been a great help.

My pleasure. Best wishes.

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