The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

advice needed - DIY divorce with child involved

  • neverforget
  • neverforget's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Jan 11 #246662 by neverforget
Topic started by neverforget
Hi

I need some advise please!!

My ex husband and I are starting divorce proceedings and it is amicable. thing is He is doing the divorce himself to avoid solicitors fees which is fine as Long as we do get it sorted.

what concerrns me is he is not doing anything legal about my son being with me full time and the legalising the finances as he has told me if I move in with someone else he will not pay maintenance but put it in a trust fund for my son when he is 18! surely this cannot be right - I need the money to look after my son!

am i being greedy or should I ensure that i still get the money if my living arangements change?

any advise would be appreciated as I want this sorted.

thank you

Louise

  • Lostboy67
  • Lostboy67's Avatar
  • Moderator
  • Moderator
More
21 Jan 11 #246664 by Lostboy67
Reply from Lostboy67
He's talking rubbish and the CSA would be more than happy to put him right on this :-)

LB

  • eyes on horizon
  • eyes on horizon's Avatar
  • Platinum Member
  • Platinum Member
More
21 Jan 11 #246667 by eyes on horizon
Reply from eyes on horizon
Yes, lb is right.

The ONLY legal obligation in separation and divorce is to the children and if its 1 its 15% of his income.

Check the CSA website to get an idea of what your LO is entitled to a month.
you dont forfeit your right to CS if a new partner comes on the scene.
The only time a father doest have to pay is if he isnt on the birth cert.

  • neverforget
  • neverforget's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Jan 11 #246674 by neverforget
Reply from neverforget
hi

do you think I need to get legal advise on this? I am thinking he will kick off about this and I want something legal to say he has to pay me no matter what happens to me in the months/years to come if I move in with someone else or give him one chance to see it my way and then go to the csa?

  • Lostboy67
  • Lostboy67's Avatar
  • Moderator
  • Moderator
More
21 Jan 11 #246678 by Lostboy67
Reply from Lostboy67
Hi,
Start here....
www.csa.gov.uk/
In terms of legal advice, I don't think you need it regarding this bit, as its fairly clear cut.
If he doesn't see sense you might want to think about mediation

LB

  • eyes on horizon
  • eyes on horizon's Avatar
  • Platinum Member
  • Platinum Member
More
21 Jan 11 #246679 by eyes on horizon
Reply from eyes on horizon
Yes, I would let him know that he can either pay what the CSA recommends to you in formal agreement or you will apply to have them assess him and he can pay them directly.

there is no getting out of CM if you are named on the bc.

Now, if he is say, paying the mortgage and not living in the house then it is reasonable to expect one or the other, in an informal agreement for the time being.
but once the finances are settled and you do agree there is no way to get out of CM which is why the courts do not make orders for it anymore unless it is tied to Spousal Maint. in a Global order. If you have a Clean Break settlement then the courts advise going via the CSA or agreeing CM yourselves.

  • neverforget
  • neverforget's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Jan 11 #246681 by neverforget
Reply from neverforget
thank you all so much for your advice - I am going to talk to him once more and failing that I wil contact the CSA.

can i do anything legally to ensure my son lives with me and not him, - I do not want him to turn up on my door and demand my son live with him and I cannot do anything about it?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.