entitled ?

dipsy

Friend has seperated from her husband - still married.

He had a, (football), accident when they were together, which is a large part of why they seperated, as his attitude towards her/the childeren was awful whilst he was recovering, as he couldn't play sport/get about easily.

basically he has informed her that he is to receive, next week, a payment of £28k and has offered her 2k (1k now and 1k in December), saying they are paying the claim in 2 parts.

he still has another claim outstanding for MRSA that he contracted whilst in hospital after the operation for his injury.

is she entitled to anything from this claim, or should she accept the 2k he has offered, just to add, he misses CSA payments all the time and is totally unreliable in providing for his children.

floss2

How much has he missed in CSA payments? Has she told the CSA that he is due to receive this payment? Has she got a solicitor, and has she told the solicitor of the payment?

dipsy

Hi,

he has missed about 1k in CSA (2 months), but he misses, then he pays, then he misses, so she can't rely on him.

She is going to see solicitor on Thursday, but is worried he will spend the money before she can do anything about it.

cheepskate_2

she didnt want to support him when he was ill, why should she then benefit from it

NAR

cheepskate wrote: »

she didnt want to support him when he was ill, why should she then benefit from it

Because he didn't support her and the children sounds the obvious answer! However this is very difficult to comment on, without knowing how she and the children have been left ie are they still in the family home, do they intend to divorce. I would have thought that this money will be included as part of any financial settlement when they divorce, as it will be received while they are still married.

floss2

dipsy wrote: »

....She is going to see solicitor on Thursday, but is worried he will spend the money before she can do anything about it.

NAR wrote: »

..... I would have thought that this money will be included as part of any financial settlement when they divorce, as it will be received while they are still married.

Also, if he tried to spend the money before divorce, would that count as disposal of assets?

NAR

Absolutely and if there is a house settlement this money would be included in the settlement, if her solicitor does his job properly.

dipsy

Cheepskate - she did support him all the way through and when he was better he got up to his old tricks, out boozing/sleeping with other women etc... so that was final straw for her....hes been at it for years, but she has always stood by him and he has constantly let her down,

once went away for 4months with work and she had £33 to live on for food for her and 2 kids for a month... thats about the sum of it really

She lives in rented accommodaton, he is also in rented as he is in forces, so no house to dispose of/divide up.

DVardysShadow

dipsy wrote: »

Cheepskate - she did support him all the way through and when he was better he got up to his old tricks, out boozing/sleeping with other women etc... so that was final straw for her....hes been at it for years, but she has always stood by him and he has constantly let her down,

once went away for 4months with work and she had £33 to live on for food for her and 2 kids for a month... thats about the sum of it really

She lives in rented accommodaton, he is also in rented as he is in forces, so no house to dispose of/divide up.

Sounds like it would be worth paying him £2k to go away.

floss2

dipsy wrote: »

....She lives in rented accommodaton, he is also in rented as he is in forces, so no house to dispose of/divide up.

But if she has followed him around with his postings, then she will not have been able to build up any pension fund while he did, so that needs to be taken into account in a divorce.

mackemdave

Id say she is entitled to at least 50% and as she is the main one looking after the kids then she may get more....