Brother in law is causing upset. Update, help needed please.

turnitround

thegreenone said:

Will the payment will form part of the divorce settlement?  

She has an apt with her solicitor on Tuesday and is making her aware of the offer, she has actually seen the offer and its just shy of 35 grand. Of course he has told her that once he gets it he intends to 'hide it then spend it', he is such a low life. The kids went to his brothers where he is staying yesterday and he was telling them he was going to Vegas but they cant go as it is an adult holiday and 'perhaps mum will take you somewhere nice while I am away'. There  are no words for this jerk.

Gavin83

thegreenone said:

Will the payment will form part of the divorce settlement?  

It will almost certainly be excluded. The payment has after all been made for a future loss of earnings plus life limiting issues so it should remain with the affected person.

On a moral level it seems extremely hypocritical for the wife, who wanted no part of this, attempted to report him and is now divorcing him partly due to this court case to then claim half the money. She should by all rights not want any part of it.

Also if it does come back to bite him in the future (unlikely but not impossible) it might put her in a difficult situation having claimed part of the money. She could be implicated in any fraud case, especially given it's obvious she had knowledge of the fraud. I expect he wouldn't be keen to back her up either.

turnitround

I you read through the thread you will see that she has said that she wants no part of it. She has told her solicitor to make her aware of the situation.

As for  the loss of earnings and life limiting issues- there are non!

Gavin83

turnitround said:

I you read through the thread you will see that she has said that she wants no part of it. She has told her solicitor to make her aware of the situation.

As for  the loss of earnings and life limiting issues- there are non!

I wasn't really suggesting she did want a portion of the money, more just answering the other post.

Also it's clear this was a fraudulent case and therefore there are no loss of earnings or disabilities. However I'm just presenting it from the legal standpoint. That is the reason he would have received the payout, true or not. Therefore he could certainly argue that in any divorce case. Of course it does appear to be fraud and despite the payout it could still come back on him. It probably won't but it could do.

For the record I don't blame her at all for not wanting a part of this nor for divorcing him. It sounds like she's better off without him. And hats off to you for supporting her. Unfortunately she'll probably need the support over the next few years.

sammyjammy

He clearly doesn't watch BBC programme Claimed and shamed!