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Separated, how much should I provide?

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  • GobbledyGook
    GobbledyGook Posts: 2,195 Forumite
    duchy wrote: »
    A lot depends on the age of the children ...and the wife.
    In this case there is one child *just* below eighteen and the wife HAS worked in recent years. The long term spousal maintainance seems to be when the wife has never worked (or is too old to work) and has no prospect long term of supporting themselves.
    Each case is different - which gives the solicitors lots of scope to earn more fees by making unreasonable proposals.

    This. My children are considerably younger, my son was just a baby when I got divorced.

    Due to the fact I worked (part time & term time so v.low pay) the judge queried the length of time we had spousal support in our financial agreement for and that was partly until son started school then a lower amount until he started secondary school.

    I also hadn't claimed as much childcare tax credits as I could (ex and I were amicable by then and both felt uncomfortable claiming when he/we could afford it) and it was commented on. It was insisted on that the full amount was in the finances because not claiming was my choice. It was commented that it was a choice in the same way spending hundreds on a hobby or something would be, a choice I had to live by.

    Going by my experience I can't see court being very impressed by someone not maximising their own income and with the children being adults as well.
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    This. My children are considerably younger, my son was just a baby when I got divorced.

    Due to the fact I worked (part time & term time so v.low pay) the judge queried the length of time we had spousal support in our financial agreement for and that was partly until son started school then a lower amount until he started secondary school.

    I also hadn't claimed as much childcare tax credits as I could (ex and I were amicable by then and both felt uncomfortable claiming when he/we could afford it) and it was commented on. It was insisted on that the full amount was in the finances because not claiming was my choice. It was commented that it was a choice in the same way spending hundreds on a hobby or something would be, a choice I had to live by.

    Going by my experience I can't see court being very impressed by someone not maximising their own income and with the children being adults as well.

    Thanks, Some hope maybe?
    Regards

    JackRS
  • Ames
    Ames Posts: 18,459 Forumite
    Hang on a minute - her mum is encouraging your DD to move away with her which will mess up her course, rather than stay with you and not disrupt her education?

    Wow.

    I've not been around for a couple of weeks and I'd hoped things would have improved for you. I don't know how you're being so restrained in your replies to her! Roll on September - regardless of the outcome it'll be sorted out and you'll all be able to move on. Even if it's just an interim order, at least you'll have some certainty in your lives for a while.

    I hope your solicitor reassures you when they get back to you. Your ex and her solicitor are just playing mind games.
    Unless I say otherwise 'you' means the general you not you specifically.
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Pleased that my new solicitor has drafted a letter in response on her first day back and sent it for my approval yesterday afternoon with an explanation for me.
    Regards

    JackRS
  • kelpie35
    kelpie35 Posts: 1,789 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    JackRS wrote: »
    Pleased that my new solicitor has drafted a letter in response on her first day back and sent it for my approval yesterday afternoon with an explanation for me.

    She sounds as if she is on the ball. :T

    Hope you are managing to stay strong :A
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 21 July 2013 at 2:56AM
    Re funding for your daughters BTEC college course.

    She will probably not have to pay fees to study (see the college's website to check). If she does, see details on the Discretionary support fund below:

    As studying a Level 3 BTEC Course your daughter should be able to apply for help with travel costs and 'essential studying expenses' like books, trips etc if your wife's income is below roughly £20k. In my son's college, this is provided through a Disretionary Learning Support Fund. Your income should not come into it as you aren't living in the family home. If your wife won't apply for it for her, perhaps you could encourage your daughter to look into it. Unfortunately, she may have to apply for both a place and funding in her now local college and the new one if she moves with her mum.

    I am unsure how your wife's unwillingness to apply for JSA etc will affect this (they may be gateway benefits for funding).

    This is based on the Discretionary Learning Support Fund in my son's local college as I said. The funding in your daughter's local college may have slightly different criteria. It should be explained online on the college's website.

    The Discretionary Learning Support Fund has taken place of the EMA which was available for every student I believe. Its now only available for students in families earning below certain levels and a lot less money is awarded (it was £30 a week, now its a fraction of that - one of the interesting tit bits the Government forgot to mention).
  • RAS
    RAS Posts: 35,742 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you've have not made a mistake, you've made nothing
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Re funding for your daughters BTEC college course.

    She will probably not have to pay fees to study (see the college's website to check). If she does, see details on the Discretionary support fund below:

    As studying a Level 3 BTEC Course your daughter should be able to apply for help with travel costs and 'essential studying expenses' like books, trips etc if your wife's income is below roughly £20k. In my son's college, this is provided through a Disretionary Learning Support Fund. Your income should not come into it as you aren't living in the family home. If your wife won't apply for it for her, perhaps you could encourage your daughter to look into it. Unfortunately, she may have to apply for both a place and funding in her now local college and the new one if she moves with her mum.

    I am unsure how your wife's unwillingness to apply for JSA etc will affect this (they may be gateway benefits for funding).

    This is based on the Discretionary Learning Support Fund in my son's local college as I said. The funding in your daughter's local college may have slightly different criteria. It should be explained online on the college's website.

    The Discretionary Learning Support Fund has taken place of the EMA which was available for every student I believe. Its now only available for students in families earning below certain levels and a lot less money is awarded (it was £30 a week, now its a fraction of that - one of the interesting tit bits the Government forgot to mention).

    Yes thanks I had no idea, i will pass this on to her as she really wanted to stay at the same college.
    Regards

    JackRS
  • kelpie35
    kelpie35 Posts: 1,789 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hope all is well with you Jack.

    Have you settled into your new home yet?
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    kelpie35 wrote: »
    Hope all is well with you Jack.

    Have you settled into your new home yet?

    Get keys Thursday on my birthday, hectic day as busy at work collect keys at lunch then got a van to collect sofa and whatever else I can get from the former home to take to the new place that night, so not the best birthday but I will have others!
    Regards

    JackRS
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