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Redudancy and want to get divorce

  • jbs030408
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28 Jun 14 #438143 by jbs030408
Topic started by jbs030408
Can anyone share there experience with me. I''ve split up from ex but still married . I pay csa and no joint account or property . We have 3 children and they are my life''s she told me that I get to see them every fortnightly. I travel to get my kids well over hundred miles and back. She wants more money and she has stopped me from seeing my kids. She does this all the time. I''m hurt and it''s cause me misery and sad . She even told the kids that ... Yes they can see me and the next she change her mind. My children are very sad and they had enough the way she''s been treating too. All 3 wants to live with me. So seperated and got made redudant . Is she entitled to an of it . I want to divorce and try to fight for my children. Pls anyone advice

  • naziam
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29 Jun 14 #438150 by naziam
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If it''s possible and given you''ve been made redundant why not go and live nearby as what the court is looking for is stability. So if you live nearby and were to apply for them to stay with you more regularly and build that up you have better chance to achieve your eventual goal of them living with you permanently as saying to a court that you wish to move them 100 miles away to live with you is never going to work.

I''m not a lawyer but my understanding is that when children are 13 they get to choose where they live. When they are above 10 or so their feeling will be taken into account but I think your ex will still be able to control the situation.

Sounds like my ex using the kids a revenge weapon and I''ve been to court more times than I can remember over the years and as a general rule the younger the kids are the more the judge will listen to the mother and also the less likely the judge is to take any serious action against your ex if she just ignore''s court orders.

So it depends on the kids ages, if they are all old enough to have their own opinions they you have a chance otherwise wait till they are or move nearby and apply to the court to have them overnight but understand that even if the court orders your ex to do something she may well turn around and ignore it and the court will do nothing if the kids are young.

Good luck.

  • LittleMrMike
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07 Jul 14 #438957 by LittleMrMike
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Is she entitled to any of it ?

Well, firstly, you need to apply for a variation as soon as you can.

Secondly, it''s essential that you review your benefit entitlement. So, for the matter, should your ex.

Whether she''s entitled to any of it depends on how the severance package is made up. If it includes wages in lieu of notice, then that is still wages and in principle can be shared.

I usually advise that there should be some sharing of the redundancy package but it''s in the nature of a parachute payment to cushion the blow for both of you.

As has been said, if you can move closer, that might be worth considering.

LMM

  • jbs030408
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07 Jul 14 #438984 by jbs030408
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I have no benefit entitle cause of the pay, however the redudancy pay happened when we split up . I''ve been advice by other member of arm forces that she is not entitled to it as it''s not classed as earning . There has been so many confusion. I have provided her with money before we split up. I paid everything including 5 years of csa without a fail. She even forged my cheque when I was on tour and she normally fills our tax form. Over the years she stated that I was earning less than what I should.. So therefore she claimed over £1600 tax , thank god I had to pay half,,
As now I have a job and the pays is not very good. By the time I have paid everything I have no money left . The csa work out the payment ..she enosis tend that I should give her more money and she even told my kids that it shows how much I love by not giving her not enough
She has been on a benifit for 5 years. . She even steals money from her kids.
As you can see .. She doesn''t deserve the money. I owe lots of money to my mother and have to pay for legal fees , mediation fees and also solicitors. And so on. I''m fighting for kids .. I want to have the money and my children with.me.
I hope that I can find the right answer.. It''s doing me head in..
Thank you for your advice.

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