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Separated, how much should I provide?

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  • RAS
    RAS Posts: 35,744 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Trying to locate how much you are currently paying her JacK?

    £650 for son
    £200+ for car
    Plus.........
    If you've have not made a mistake, you've made nothing
  • ampersand
    ampersand Posts: 9,673 Forumite
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    edited 4 September 2014 at 8:10PM
    The devil's in the detail and that's another wrong'un from solicitor re: son.

    2nd, this jumps out: ' I would advise you to consider looking at the Child Maintenance Service website for clarification.'


    Excuse me, who is the solicitor here? Who's paying her? For what? Oh, qualified professional advice... Has this source only just occurred to her? Complete familiarity with its workings is surely part of the basic toolkit in Family Law matters?

    Given her latest mistake, any other calcs and suggestions she's made, perhaps based on this misassumption, don't inspire confidence. The previous error related to your pension figures as I recall.

    Jack, the way you are having to do so much of this and pay heavily for less than satisfactory, timely and pertinent legal representation and intervention just doesn't feel right. I drew an immediate parallel with this -

    http://www.theguardian.com/uk-news/2014/sep/04/police-telling-victims-solve-crimes-themselves
    #
    Also, I doubt you've had time to look at current rents for where you are: that's next month and they're on the rise nationally. You must not/can not take on more debt.
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  • justme111
    justme111 Posts: 3,531 Forumite
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    I second what ampersand says re poor service from solicitor. I have resigned to rampant incompetence though where what I consider normal is called "expert" so not sure if jack changes solicitor he will not get more of the same. There was a poster in this thread who been through divorce and called solicitors "glamourised penpushers " . I think it would be useful to jack to talk to that person , may be a couple of tips on how to avoid those or failing that how to deal with them
    The word "dilemma" comes from Greek where "di" means two and "lemma" means premise. Refers usually to difficult choice between two undesirable options.
    Often people seem to use this word mistakenly where "quandary" would fit better.
  • gonzo127
    gonzo127 Posts: 4,482 Forumite
    Part of the Furniture Combo Breaker
    edited 4 September 2014 at 8:22PM
    if you are concerned about her going to court for interim maintenance payments, have you considered informing her that from X date you shall be reducing your voluntary payments to her by say 5% a month, stipulating that child maintenance payments will also be reduced by a % a month until it reaches the value required by the CSA. (for information 5% reduction a month will give her just under 2 years before it has entirely gone)

    I would expect this would halt her ability to take it to court as the impact would be small each month and also allows her time to adjust her lifestyle accordingly as its not a big hit.

    it could also show when it goes to court that you have given her a long time to adjust her lifestyle, and that you have not 'hit' her with a massive reduction in income, but have structured it to have less impact

    added in with the fact that if you are making payments directly to the children, this could make any moans she makes about you giving her less money, more apparent that her demands have been nothing about the children, but entirely about her wants, which will make most people (as shown on this thread) less sympathetic to her
    Drop a brand challenge
    on a £100 shop you might on average get 70 items save
    10p per product = £7 a week ~ £28 a month
    20p per product = £14 a week ~ £56 a month
    30p per product = £21 a week ~ £84 a month (or in other words one weeks shoping at the new price)
  • tom9980
    tom9980 Posts: 1,990 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've helped Parliament
    RAS wrote: »
    Trying to locate how much you are currently paying her JacK?

    £650 for son
    £200+ for car
    Plus.........

    Remember she said she wanted £850 on top of her likely £1k salary? well that is still £850 so she's getting what she wanted. She will just need to find that job now wont she? :rotfl:
    When using the housing forum please use the sticky threads for valuable information.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    JackRS wrote: »
    I agree regarding maintenance. ‘Son’ is 18 ½ and as he has left full time secondary education, I am not of the view that you should be paying child maintenance for him in any event. I would advise you to consider looking at the Child Maintenance Service website for clarification.

    If it wasn't for the fact that she will charge you for answering it, I'd be tempted to email back and ask what are you paying her for because you could read a website for nothing.
  • justme111
    justme111 Posts: 3,531 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I have not advised withdrawing maintenance previously . Circumstances changed , children moved out , she had enough time to adjust , all mediation failed . Now it is clear that ex is after lifelong maintenance . The thought of it would be so alarming to me that I would have risked far more than 4 grand to get rid of it. If you do not stop it it does mean you see it as reasonable , how do you expect then to judge to see it as not reasonable if even you yourself pat it "voluntarily "?
    Up to you of course , I am not a lawyer , I just know what I would have done when facing lifelong maintenance. It's not a damsel in distress anymore , its a massive leach. I would have cut everything out . I would be tempted to arrange at work non paid leave so as even CS would be paid to her. (After a few months of not paying her maintenance to stash the money for barrister while not working.)
    The word "dilemma" comes from Greek where "di" means two and "lemma" means premise. Refers usually to difficult choice between two undesirable options.
    Often people seem to use this word mistakenly where "quandary" would fit better.
  • justme111
    justme111 Posts: 3,531 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Jack , you paying MORE than minimal CS ? Please tell me you don't .
    Great suggestion by Gonzo re reducing maintenance .
    The word "dilemma" comes from Greek where "di" means two and "lemma" means premise. Refers usually to difficult choice between two undesirable options.
    Often people seem to use this word mistakenly where "quandary" would fit better.
  • mgdavid
    mgdavid Posts: 6,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It's so hard to be definitive about CM and when it stops, due to changes in legislation, the body that administers it, and their rules.
    I found this:
    However, 16 is the minimum age where child maintenance can stop. Between the ages of 16 and 19, if the child is enrolled full-time in school (more than 12 hours per week and the course is up to and including A level), child maintenance for the child must be paid. This does not apply to advanced study, like study at a college or university, this only includes non-advanced study.
    Ref: http://www.sfla.co.uk/endmaintenance.htm

    the new CMS website agrees:
    https://www.gov.uk/child-maintenance/eligibility

    so college and uni don't count.

    IMO the ex only has need to rent a 1-bed flat.
    The questions that get the best answers are the questions that give most detail....
  • Ames
    Ames Posts: 18,459 Forumite
    I think the comments about the solicitor telling Jack to read the CSA website are a bit harsh. I think she's just trying to save him money - he can read it himself for free, or she can summarise it for him and bill him accordingly.

    To me her latest message seems to be saying 'I can't tell you to stop paying maintenance because if it goes wrong you can come back at me, but it's what I think you should be doing'.

    I like Gonzo's idea of cutting maintenance gradually, although I'd go at more than 5% a month.

    Also, what do you mean by paying your daughter a 'nominal' amount? To me that indicates a small token payment, which I think is a little harsh on her. Obviously I'm working from the assumption that whatever you pay her comes directly off what you're paying ex, not suggesting it should be a cost on top of everything else!
    Unless I say otherwise 'you' means the general you not you specifically.
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