Are shares included?

code-a-holic

Dave101t wrote: »

so she doesnt work, never worked, and wants to take 1/2 of everything, or more if she can get away with it...tut tut.

Oops, i didnt make myself very clear at the beginning. She isnt working now, but she is on a career break with the NHS. She was working before they married and only stopped 2 years ago, and plans to go back once the youngest is in full time school, another year to go. Over these 2 years of being off work all the money in her bank account has dissapeared as nothing topping it up. His money goes in to a joint bank account she has never touched. It appears only the £500 a month will be looked at by CSA. It is hoped he will agree on a contribution that seems fair. CSA calculators show £9 a month! Considering he wont have 1 bill to pay and for the last god knows how many years that £500 is almost untouched and is a joint bank account would hope he could provide some money towards the children. he never has in the past. Everything for them has been bought out of her savings. Gosh, so complicated, glad its not me going through it and just providing help and support.

code-a-holic

warehouse wrote: »

Has anyone briefly thought about the fact that the marraige might be worth saving? There's 2 kids to think about here, not what she can get her grubby hands on. Stuff the divorce, try relate first.

For me, being close to the family, its in the best interests for the children they set up on their own. As hard as that is for me to say as my parents divorced when i was 16 and know what its like.
But the children have been dissapointed with their father from the day they were born, and their mother is obviously quite distressed by the way things are, the 6 year old talks about how upset it makes her. He seems to purposly not come home and makes promises to the children to take them out and does not come home etc. They as a couple have never rowed, its just silence. He wouldnt consider suggesting seperation to avoid embaressement in the family. Would be the first in the history of the family and small community.

DUTR

code-a-holic wrote: »

For me, being close to the family, its in the best interests for the children they set up on their own. As hard as that is for me to say as my parents divorced when i was 16 and know what its like.
But the children have been dissapointed with their father from the day they were born, and their mother is obviously quite distressed by the way things are, the 6 year old talks about how upset it makes her. He seems to purposly not come home and makes promises to the children to take them out and does not come home etc. They as a couple have never rowed, its just silence. He wouldnt consider suggesting seperation to avoid embaressement in the family. Would be the first in the history of the family and small community.

Trouble is children at that age cannot make those sort of assumptions unless their minds have been poisoned !
Reading thre OP I don't think thats in the best interest of the children at all.
Further more, the close friend could end up being the troublemaker if ever the couple decide to re-concile. Sometimes it is easy to blame the male in all this, however he must have had some appeal for them to get together and make babies in the 1st place, or could it be your friend judges characters poorly and has no friends to help her avoid the 'rubbish'?

DUTR

warehouse wrote: »

Has anyone briefly thought about the fact that the marraige might be worth saving? There's 2 kids to think about here, not what she can get her grubby hands on. Stuff the divorce, try relate first.

Well said warehouse :beer:

Wasteland_Drifter

code-a-holic wrote: »

SO for CSA, could they take in to account the share and the fact he gets £500 cash a month is in reality not what he has access to, its actually a bottomless pit!

You need to find out how the farm is owned, it could be a Ltd company and they are all directors and maybe receiving dividends. What the CSA will do in this case is obvious.

It could otherwise be held upon trust for him and his parents are the trustees. This is sometimes called a Pilot Trust - a container that holds vested funds and property on behalf of a person. If the trust is discretionary then the CSA cant do alot because the trustees decide who benefits from the trust.

The CSA can get the title number of the land and see who the registered proprietors are, and search Companies House and get the accounts for the last financial year. The agency still could challenge lifestyle vs. income but child support legislation cannot coerce any trustees except for investigating crime and taxation offences.

Caz3121

code-a-holic wrote: »

It appears only the £500 a month will be looked at by CSA. It is hoped he will agree on a contribution that seems fair. CSA calculators show £9 a month! .

CSA for 2 children would be 20% of his net pay - your calculation would show he has a net salary of £45 per month!!! ...think it would be more like £100 per month ... just based on the £500

kelloggs36

His net income would be £115 per week, so he will pay the flat £5 per week plus the % of the £15 he owes on top of the £100, so not very much.

CMAC_2

code-a-holic wrote: »

Im hoping someone has come accross this situation before!
My friend is planning on divorcing her husband asap, they have 2 children. But their financial/living setup is unusual and we are trying to work out what she would be entitled to.

She does not work. Husband works on his parents farm 7 days a week, 5am - 9pm or later this time of year, not taken a day off in years (huge reason for divorce wanted!) BUT income is just £500 a month in to the joint bank account.
He has a equal share on the farm estate, his share is over half a million. The farm estate owns the house the family live in, the farm estate also pays the electric, oil, telephone, council tax - every bill going. If she wants a new tv, the farm foots the bill! Its a cushty life, she hasnt had to pay for a thing other than food and clothes during the 7 years of marriage.
SO for CSA, could they take in to account the share and the fact he gets £500 cash a month is in reality not what he has access to, its actually a bottomless pit!

Under CS2 the only income used in the base assessment is either earned income PAYE or self employed income. I suspect in this case the £500 would be PAYE as it seems to reflect the tax threashold so that aspect is clear. I suspect if it is a limited comapny he would have shares and as such it could be possible to use a variation order to look at assets and income that could be used for child support purposes ( new legislation introduce in April 2009) You might also want to look at Maintenance Assessement Special Cases regulation 2000 (MASC 2000) which has various regulation that looks at other income under deprevation rules.

code-a-holic

CMAC wrote: »

Under CS2 the only income used in the base assessment is either earned income PAYE or self employed income. I suspect in this case the £500 would be PAYE as it seems to reflect the tax threashold so that aspect is clear. I suspect if it is a limited comapny he would have shares and as such it could be possible to use a variation order to look at assets and income that could be used for child support purposes ( new legislation introduce in April 2009) You might also want to look at Maintenance Assessement Special Cases regulation 2000 (MASC 2000) which has various regulation that looks at other income under deprevation rules.

Thank you very much, that is very useful info!

catenorfolk

CRANKY40 wrote: »

I don't think so. It's his parents farm, and the fact that the farm pays for everything even things like tv's etc means they must have good accountants I reckon.

I used to work somewhere like this where the only son drove a merc but got paid £60 a week. The merc, his house, everything were all tied up in the company. All the items will be treated as company assets. It is his position in the company that will need to be explored.

As the original post says, he has equal shares. so as his she may well have a entitlement to part of his shares, income, pension etc. Otherwise they could buy her share out and give her a payout instead. Again this is where she would need a solicitor.