Wife suing for aliment ....how much will she get?

newcook

Gigglepig wrote: »

if she earns double (300 a week) well, nursery alone would cost more than half of that...? .

OP said she earns double of what he used to - not what he earns now

StuC75

Or that as they have split he doesnt know of what arrangements she may be making to mitigate her costs..

duchy wrote: »

I noticed OP used the past tense ...that she earned (past tense) double.....not that she earns this now -so could refer to before the split or even before the child was born.

Thumper7

duchy wrote: »

Why do you feel the business should be regarded as seperate to any other marital asset ? It is usual that all assets are considered jointly-are there special circumstances that make the business different to any other asset within the marriage ?

No the business will not be an asset of the marriage. Under Scots Law only assets accrued during the marriage and up to the date of separation (known as the Relevant Date) are taken into account.

MonkeyLoo

Thanks everyone. That was an interesting string of postings, some useful information.
Apologies to the men haters for getting them wound up! They know who they are.........

Were not all the same

Thegirl

I would recommend posing the question on wikivorce, they have a lot of people well versed in Scottish law and the implications.

On the face of it, if it's a new company and that is what you are earning, then that is what you are earning. That is what it would have to be calculated on. You cannot agree to something which you cannot afford.

Perhaps some mediation might help her get some more realistic views on the sums likely to be agreed upon....
This might just be an opening shot from a solicitor starting the negotiation high. Just a thought.

Good luck with it all.

cazziebo

duchy wrote: »

He's also implying his business is capable of providing him with a proper wage and he's deliberately drawing less than previously to play the system.

That's not necessarily true. I'm self employed and only pay myself the minimum. That's because I don't know what I'll earn next month the month after, or the month after that. I wouldn't know for sure until the year is up what my "surplus" might be.

I'd be awfy worried if someone based a financial commitment on one of my best months!

Prothet_of_Doom

itsanne wrote: »

So you are actually receiving more than that but don't want to let on?

Money you secretly make will affect your childs's wellbeing.

You are responsible for your child, end of.

:mad:

It's clear that as the owner of a ltd company, you can choose to let funds build up in the business, and not take them as dividend, or pay more into a pension, and reduce your declared income, but i would have thought that the value of the business and the pension would have to be declared at the point of the divorce, so any value hidden, would only need a reasonably competent auditor to find it and add it to the divorce figures.
:rotfl:So short term gain for long term loss:rotfl:

Treevo

Paying yourself a small regular amount, paying as much as possible into a pension and taking any excess as dividends twice a year is just good business sense.

MonkeyLoo

Prothet_of_Doom wrote: »

It's clear that as the owner of a ltd company, you can choose to let funds build up in the business, and not take them as dividend, or pay more into a pension, and reduce your declared income, but i would have thought that the value of the business and the pension would have to be declared at the point of the divorce, so any value hidden, would only need a reasonably competent auditor to find it and add it to the divorce figures.
:rotfl:So short term gain for long term loss:rotfl:

That wouldn't be the case as the business was setup AFTER the separation date

Troutwrestler

I live in scotland and had never heard of this.... My ex got away with out supporting his child never mind me !

I always feel it's a bit, I dunno, old school, a woman expecting a man she's no longer with to still support her financially.....his children..yes...but not the ex