Separated, how much should I provide?

RAS

JackRS wrote: »

Her income needs are £2969 pcm and in the order sought has requested:
1) Transfer of home to her sole name or if sold all of the proceeds.
2) Child support and spousal maintenance.
3) Pension sharing order

What does your solitor say. My views below


1) Transfer of home to her sole name or if sold all of the proceeds. 60 percent in her favour.
2)a) Child support for DD until July 2014 and DS until July 2015
B)and spousal maintenance until July 2014 - no as this means that she cannot claim any mean-tested benefits.
3) Pension sharing order - we do not know her age or the value but a portion less half of current value.

I would expect her to trade some equity in the house for pension rights or vice versa.

She cannot have both and she would not have had both if you had remained living together (other that as joint and several assets).

Basially she wants from you what she would have received if you had died.

Offer mediation?

And I think be prepared to go to court. Make an offer at the door below your final offer and ensuire she knows that any court costs come from her gains.

JackRS

RAS wrote: »

What does your solitor say. My views below


1) Transfer of home to her sole name or if sold all of the proceeds. 60 percent in her favour.
2)a) Child support for DD until July 2014 and DS until July 2015
B)and spousal maintenance until July 2014 - no as this means that she cannot claim any mean-tested benefits.
3) Pension sharing order - we do not know her age or the value but a portion less half of current value.

I would expect her to trade some equity in the house for pension rights or vice versa.

She cannot have both and she would not have had both if you had remained living together (other that as joint and several assets).

Basially she wants from you what she would have received if you had died.

Offer mediation?

And I think be prepared to go to court. Make an offer at the door below your final offer and ensuire she knows that any court costs come from her gains.

My solicitor hasn't responded yet just asked me to check her form and feed back. I have asked her to let me know based on previous case history of similar situation what is possible outcome.

Are your views based on case history?

JackRS

kelpie35 wrote: »

Just can't believe her requests............words fail me.

Hope you are enjoying you new home Jack.

You are so dignified in how you are handling this situation and need this all to come to a close very soon.

I sincerely hope the judge wipes the floor with her and you get the settlement you deserve.

Thanks, not feeling great at the moment feeling very anxious and lots of dark thoughts last night with no sleep wondering what the point is. Not finding any pleasure in life right now but to be expected. First court hearing is 28 Oct so we'll see how things go?

heartbreak_star

*chuckles* so her "income needs" are twice what I earn in a month.

Hope the solicitor tells her to bog off and earn it!

Good luck Jack, you're doing really well so far

HBS x

Gigervamp

Hang in there Jack. Things are tough atm, but they will get better and when things have been finalised, you can get back to living and enjoying life.

Vicky123

Just a thought but could you try and pull the old depression trick as well, traumatic life event is affecting both of you after all, she doesn't have ownership of it. Surely the courts are getting wise to these sudden depressions, she's not so depressed she forgets to liase with her brief, anyone can present themselves to a doctor and claim depression thus excusing themselves from any contribution whatsoever, it's disgraceful.
Alternatively could an arrangement be made with the long term in mind, after all if she wasn't given to clinical depression in the past then in all likelihood she will recover and go out and get a job at some point.

carolan78

Why are her monthly income needs so high when the mortgage is paid off (which lets face it is usually the bulk of someones outgoings).

Is it just essentials on there or is she including luxuries? To be totally honest with your children been the ages they are I would think a judge would be looking at short term maintenance for them and fair division of assets.

JackRS

carolan78 wrote: »

Why are her monthly income needs so high when the mortgage is paid off (which lets face it is usually the bulk of someones outgoings).

Is it just essentials on there or is she including luxuries? To be totally honest with your children been the ages they are I would think a judge would be looking at short term maintenance for them and fair division of assets.

Here's her list of needs that adds up to £2969:

Council tax 150
Water 42
Elec 55
Gas 72
Telephone 27
Gas service plan 19
Internet SP 20
Food 500
Home insurance 40
TV licence 12
Gardening 26
Dog ins food vets 60
Clothes 100
Mobile phone 15
Opticians 31
Dentists 23
Hairdresser 40
Osteopath 38
Petrol 200
Entertainment & hobbies 200
Holidays 250
Chemist 10
Birthday/Christmas gifts 50

Son
Travel 95
Stationary books etc 40
Mobile phone 41
Opticians/glasses 56
Hairdresser 12
Clothes shoes 80
Driving lessons 165
Hobbies 15


Daughter
Travel 157
College fees 21
Equipment 5
Mobile phone 5
Opticians 56
Dentist 4
Hairdresser 10
Doctors/perscrip/chem. 58
Clothes/shoes 80
Driving lessons 165
Hobbies 18

kelpie35

JackRS wrote: »

Here's her list of needs that adds up to £2969:

Council tax 150
Water 42
Elec 55
Gas 72
Telephone 27
Gas service plan 19
Internet SP 20
Food 500
Home insurance 40
TV licence 12
Gardening 26
Dog ins food vets 60
Clothes 100
Mobile phone 15
Opticians 31
Dentists 23
Hairdresser 40
Osteopath 38
Petrol 200
Entertainment & hobbies 200
Holidays 250
Chemist 10
Birthday/Christmas gifts 50

Son
Travel 95
Stationary books etc 40
Mobile phone 41
Opticians/glasses 56
Hairdresser 12
Clothes shoes 80
Driving lessons 165
Hobbies 15


Daughter
Travel 157
College fees 21
Equipment 5
Mobile phone 5
Opticians 56
Dentist 4
Hairdresser 10
Doctors/perscrip/chem. 58
Clothes/shoes 80
Driving lessons 165
Hobbies 18

Sorry to say this but she is taking the P*ss and so are your children. :mad:

Unless she has made up the list about your DS & DD's expenses.

Stay strong Jack. :A

Treevo

kelpie35 wrote: »

Sorry to say this but she is taking the P*ss and so are your children. :mad:

Unless she has made up the list about your DS & DD's expenses.

Stay strong Jack. :A

Are they? I think Jack realises that parents should help support their children until they've finished education.

I actually don't see anything unreasonable about the children's expenses.