Wife has left. What should I be paying for?

Mojisola

charlievalentine wrote: »

She is expecting him to pay to furnish the house she is renting as well as making maintenance payments.

Either she is being very optimistic or has got friends telling her to get what she can out of him before he gets advice himself!

It would be very unusual for him to have to pay spousal maintenance. What she furnishes her home with is her problem - not his.

Child maintenance will normally be 15% of his income, reduced by the number of overnight stays his son has with him.

His ex will need to claim benefits. If he wants to get an idea of what she will be entitled to put the details into https://www.turn2us.org.uk/benefits_search.aspx

The CM he will pay will be on top of the benefits.

As they were married, any assets will usually be considered jointly owned so she will be entitled to her share.

Get him to contact one of the fathers' support groups for moral support and advice.

Sambucus_Nigra

antrobus wrote: »

I'm glad someone else has worked that one out.

Incidentally, the brother-in-law would have ceased to be the brother-in-law at the same time he ceased to be the sister's husband. In such circumstances perhaps one should refer to the 'former brother-in-law' and the 'former brother-in-law's new wife' in order to make things clear.

If it's his wife's brother then surely he will be his wife's brother as long as the OP is married to his wife?

scaredofdebt

Spousal maintenance is only usually paid if the husband earns a LOT more than the wife.

In my case I was earning gross around £40k to my former wife earning around £6k.

However, when you take into account benefits, CM payments etc I was netting around £1,900 a month to my wife £1,600 so no chance of her getting SM. When it comes to SM they do take things into account such as living expenses, debt repayments etc unlike CM when they just look at the net income after tax.

Her boyfriend at the time told her I should be paying her £900 a month SM. He worked for the benefits office, shows you how much they know.

waiax73

Don't care about the money. Do all you can for the kid - it's not a good age to go through parents' divorce..

mgdavid

antrobus wrote: »

I'm glad someone else has worked that one out.

Incidentally, the brother-in-law would have ceased to be the brother-in-law at the same time he ceased to be the sister's husband. In such circumstances perhaps one should refer to the 'former brother-in-law' and the 'former brother-in-law's new wife' in order to make things clear.

nobody mentioned divorce so 2nd para is irrelevant.

keith969

charlievalentine wrote: »

?
Can she force a sale of the house at this stage?
Are we correct in thinking that if the house had to be sold in the future, she would still be entitled to half of the money despite not paying the mortgage, and is there anything that can be done to keep her share as it currently stands?

If it was a joint mortgage then yes, she can force a sale. Would need to go to court but I would hope it would not go that far (lawyers will eat up all your money...) When my ex ran off with someone 10 years younger we agreed to split the house 50/50, I had always paid the mortgage - she did not work but ran the house. I bought a new place (with a horrendous mortgage) , continued to bring up my son, paid his way though University, she never paid a thing.

As for "She is expecting him to pay to furnish the house she is renting" well at least tell her to get lost on that one!

- K

terra_ferma

keith969 wrote: »

As for "She is expecting him to pay to furnish the house she is renting" well at least tell her to get lost on that one!

- K

except it's the kid's home as well, and whatever happens with the wife, it's not his fault if he has to leave in a new home

kelfen

Then he gets the son bedroom furniture and arranges to have it delivered

Valli

If the separation is defined as legal and she has settled elesewhere then your BIL would be advised to get a valuation of the house now and a summary of all assetts/debts of the marriage at this point so that she is entitled to her share of the debts and assetts as they stand NOW

had BIL informed council tax office he is the only adult?
is she getting her maild elivered elsewhere?

these go to showing formal/legal date of separation

mediation is useful, though not binding. Courts take adim view of those who will NOT accept/undergo mediation process

apols fortypos

zzzLazyDaisy

Valli wrote: »

If the separation is defined as legal and she has settled elesewhere then your BIL would be advised to get a valuation of the house now and a summary of all assetts/debts of the marriage at this point so that she is entitled to her share of the debts and assetts as they stand NOW

Is this Scotland or England?

In England the house and matrimonial assets are assessed at the time of the divorce, so getting valuations now won't help.

In Scotland the value of the house and assets is assessed at the date of the breakdown of the marriage (as I understand it)