Claiming support for children from ex's savings and assets
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Lisap470
Posts: 1 Newbie
Hi
I'm posting this on behalf of a good friend of mine who is at her wits end both emotionally and financially regarding the zero support she gets from her childrens father.
I'll try and keep it brief.
They've never been married and split up just over two years ago and she moved out of the family home along with the five kids and ended up in emergency accommodation.
Her Ex owned the house they lived in and wasn't working when she left him (he was a controlling bully that's why she finally went) and about a year ago he sold the property for £280,000 and bought a property out in Spain for just over 100k leaving himself a nice tidy sum of money.
He's moved out there and has never paid a penny to her in child support yet brags about the £6000 quad bike he's just bought or the new motor home he's got while she's struggling to pay the rent to keep a roof over the kids heads.
The CMS can't do anything as he has no earned income, plus now he resides in Spain it's even harder, but surely there must be a way she can get something from the lump sum of cash he's got or from the assets? I've read something about obtaining a payment by going through the Childrens Act 1989 or something, but have no idea how or where to look into this as going to a solicitor is completely unaffordable
Any advice would be very much appreciated, thank you
I'm posting this on behalf of a good friend of mine who is at her wits end both emotionally and financially regarding the zero support she gets from her childrens father.
I'll try and keep it brief.
They've never been married and split up just over two years ago and she moved out of the family home along with the five kids and ended up in emergency accommodation.
Her Ex owned the house they lived in and wasn't working when she left him (he was a controlling bully that's why she finally went) and about a year ago he sold the property for £280,000 and bought a property out in Spain for just over 100k leaving himself a nice tidy sum of money.
He's moved out there and has never paid a penny to her in child support yet brags about the £6000 quad bike he's just bought or the new motor home he's got while she's struggling to pay the rent to keep a roof over the kids heads.
The CMS can't do anything as he has no earned income, plus now he resides in Spain it's even harder, but surely there must be a way she can get something from the lump sum of cash he's got or from the assets? I've read something about obtaining a payment by going through the Childrens Act 1989 or something, but have no idea how or where to look into this as going to a solicitor is completely unaffordable
Any advice would be very much appreciated, thank you
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Comments
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In this case the combination of no income and the added complexity of the absent parent living in Spain mans that your friend is probably out of options.
It can be difficult enough when the absent parent is working, as my OH will attest. Her ex never paid a penny following the divorce settlement and the CMS would not get involved as, although resident in the UK, his work was contracted overseas and they were therefore unable to enforce payment.
It sucks but if he is determined to enjoy his life in Spain and blow all his money there is probably little that can be done about it.0 -
The only thing that I can suggest is that your friend may be able to apply for a top up maintenance order. The CMS can't touch capital, only interest paid on the capital sum is treated as income but I seem to recall that someone way back used something like Butterworth's law (not the firm, probably the civil law precedents) to make the ex partner pay for things that the child needed such as a pram, cot etc. This probable will relate to the Children's Act that you mention.0
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Have financials been sorted out following the divorce?
If not, she should start there, and the court can consider child support where the CMS has no jurisdiction
If there as already been a settlement between her and her husband, then yes, she can apply under Schedule 1 of the children act,
A good starting point would be for her to find a solicitor (search on the Resolution.org.uk site)
There are treaties which allow orders to be enforced in one country after being made in another, so if she obtains a maintenance order here she is likely to be able to then register and enforce it in Spain, assuming that her husband has property or income there.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Have financials been sorted out following the divorce?
If not, she should start there, and the court can consider child support where the CMS has no jurisdiction
If there as already been a settlement between her and her husband, then yes, she can apply under Schedule 1 of the children act,
A good starting point would be for her to find a solicitor (search on the Resolution.org.uk site)
There are treaties which allow orders to be enforced in one country after being made in another, so if she obtains a maintenance order here she is likely to be able to then register and enforce it in Spain, assuming that her husband has property or income there.
The OP states they were never married so none of this is relevant.0
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