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Introducing myself

  • bankofdad
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16 Feb 09 #90203 by bankofdad
Topic started by bankofdad
Hi guys

Just found this site tonight and initially I hope it can answer my concerns.

My wife and I have been existing for a number of years now as we have fallen out of love many years ago and agreed to stay together to bring our son up. He's just turned 17 and I want to find out where I stand once the inevitable divorce happens.

It is 100% likely that he will live with me and I want to find out what my financial liabilities to her will be once assets have been split 50:50

Had a look at the calculator on here but couldn't fill in the field that he would be with me 7 nights a week hence the final figure it gave was clearly wrong

Anyone else had this problem ?

If anyone can give me some advice I'd be grateful

Thanks in anticipation of some kind sole who can help me

bankofdad

  • Fiona
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16 Feb 09 #90215 by Fiona
Reply from Fiona
Unless there are enough assets to meet both parties needs and there was no exceptional contribution from one party 50:50 doesn't apply and the assets are shared according to a check list of factors in s25 Matrimonial Causes Act 1973 "Needs" usually comes at the top or very near the top of the list. If you want to provide the following information a real person can give you an opinion of where you stand; ;)

*H& W 's respective ages
*number of children you have and their ages
*how many nights the children spend with each parent
*length of your marriage + cohabitation before marriage
*H&W respective incomes
*both parties' mortgage raising capabilities
*liabilities - mortgage, credit cards, loans, etc
*any physical or mental disabilities
*values of soley held and joint assets - property, pensions, life insurance, savings & investments etc

  • NellNoRegrets
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16 Feb 09 #90225 by NellNoRegrets
Reply from NellNoRegrets
Your 17 year old son might have ideas of his own about where he stays!

  • fade2gray
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17 Feb 09 #90229 by fade2gray
Reply from fade2gray
Why not do the calculations again ommiting the fact that you have a child?
I can not see any reason why a soon to be 18 year old independant adult should have any bearing on your divorce?

  • downbutnotout
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17 Feb 09 #90246 by downbutnotout
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1) I think if you enter the number of nights he stays with her as zero then it will automatically set the number of nights with you as 7
2) the calculator does not ask for child ages ( one of it's limitations) so child age does not affectthe calcs result
3) in answer to fade to gray, having a 17 year old child will definitely impact the outcome as the court will consider the costs of the Pwc having to care for the child until the end of further education so until age 21 or 22. This can skew the asset split away from 50:50 as well as having maintenance implications.

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17 Feb 09 #90250 by Lady in Blue
Reply from Lady in Blue
dbno wrote:

having a 17 year old child will definitely impact the outcome as the court will consider the costs of the Pwc having to care for the child until the end of further education so until age 21 or 22. This can skew the asset split away from 50:50 as well as having maintenance implications


My x seems to think that his responsibilities to our daughter end at 18. No help with Uni education at all. This is despite the fact that he is a high earner. I could understand it if he wasn't.
His solicitor takes the same stance.

Anyone got any idea where it actually states anything about this in any of the laws (acts) appertaining to divorce?

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17 Feb 09 #90268 by downbutnotout
Reply from downbutnotout
Sorry , can't point you at the law for this but to clarify...

Child support through the Csa does I think end at age 19.

So maintenance beyond 18 is either agreed amicably or ordered by the courts.

What might make him rethink is that he may end up in a situation where his daughter has to take him to court for maintenance.

Can you imagine the embarrassment to a high earning dad of being taken to court by your own daughter cos you are too tight to help her through uni? He will almost certainly lose the court hearing and have to pay anyway, but in addition he will lose her respect for making her go through the process.

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