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Divorce finance problem

skiblah

Hi all
Can anyone give me any idea where i go from here??
I am a single guy with 2 children living with me .
I am at the moment going through a nasty divorce.There so far been 5 court appearance at great expense to myself.As i am a private paying client of my solicitor and my ex is getting legal aid.
We had agreed settlement figures in principal until at the last moment the ex decides that she wants more including half my pensions.
This intern has lead to my legal cost rising by an estimated 10k ,only this month alone my legal bill has been 4k.

I have been putting the cost onto a credit card as i am unable to pay with the money i earn.The money i earn has to pay for the mortgage ,bills etc and the cost of bring up 2 boys from the marriage.I have full custody of the boys and am happy to bring them up this way.I have never received any maintenance money for them in over a year.

My problem is that my credit card is nearly maxed out now and estimated that within a month i will have no other way of paying my legal cost without now thinking about starting to sell the car,house etc.

I was under the impression that courts would never allow the children to lose their home in divorce cases.This doesnt seem to be the case here.
I am expecting at least 3 more court cases of which are now unavoidable but at a cost of about 2k each.

I do not know what to do for the best now and am afraid that i could loose much of what i have worked for over the 25 years including my house (the children's home ).

any ideas would be greatly welcomed

Posted on: June 14, 2009 - 11:26pm
Louise
Parenting specialist DoppleMe

Hello skiblah

What a nightmare!!!! What does your solicitor say? Is there any way that the other parent can be forced to cover some of your costs, given that she has reneged on an agreement?

Re the children's home, when a decision is eventually made by the court, it will be made "in the best interests of the children". This will usually mean they can stay in the family home, but only if this is financially viable. Of course you do not want to lose their home, of course you don't BUT the most important thing is that they have love and care at home and if you had to move, you WOULD be able to provide this in a rented flat, you know you would.

As to maintenance, even if the children's mother is on benefits then you should receive £5 a week from her. Not much but bette than nothing. As you are caring for the children, you should also be receiving Child Benefit (non means tested) and Child Tax Credit (provided your annual income is less than £50k, which I am presuming it is!) Are you working at all? Can you claim Working Tax Credit?

Sorry not to give you more detailed information, but I would need to know more about the situation to be specific.

best wishes

Louise

Posted on: June 15, 2009 - 9:47am
Anna
Parenting specialist DoppleMe

Hi skiblah

How dreadful for you, have a look at this website they give free legal advice http://www.communitylegaladvice.org.uk/ You can speak to them and get advice right here and now or you can get them to call you back.

I'm sorry I can't be much help with the legal side of things, hopefully the other site will be useful. Let us know if you get through and if they are useful. As Louise said, keep remembering that although you have worked for years to provide what you do for your children, warmth, love and safety are their essential needs.

Good Luck

Posted on: June 16, 2009 - 10:15am
skiblah

Thanks Anna and Louise
Anna
i will take a look at the web site you posted and hope that i can get some advice .
I do feel that my ex's plan is to try and ruin me in revenge for the children wanting to live with dad.I guess it rather messed up her plans of getting rehoused etc and large maintenance payments from myself . I cant help but feel that her actions when having affairs etc did cause many reactions even from the children that seem to have been able see right from wrong better than she did .
Louise
I do get family tax credit now a whopping £10 a week and after many months of frustration did start to receive a child benifit allowance for the two boys .I will speak to my solicitor about my fears and worries but as you can imagine at £200 hr i am very reluctant to. I do work and have a very good job as you can probably tell by the amount of tax credit i receive but running a family home and 2 children and the solicitors fees simply out ways the income ..
As for any maintenance i have given up on that now

I will though as you have said do what ever i can to keep my boys safe,well,loved and cared for, even if we have to live in a shoe box .
Thanks again for replying
S

Posted on: June 17, 2009 - 11:53pm
Louise
Parenting specialist DoppleMe

Hello again Skiblah

Glad our comments helped. You're right Child Tax Credit does have a sudden "cut-off" to £10 a week, and if you're in this bracket then you also might be outside the community legal advice criteria for that website. Wow, I did not realise solicitors' fees were as high as that!

The disputes between you and the other parent are difficult for you but , as you say, seem to be characterised by personal revenge rather than a genuine desire to make sure the children are OK!

Glad you and the kids are safe and happy though and long may it continue! :D

Louise

Posted on: June 18, 2009 - 10:15am
Anna
Parenting specialist DoppleMe

Yeah, good luck skiblah, let us know how this progresses, it seems absurd to lose everything, just because you have to fight for everything you have worked for.

I wondered if it would be of any interest to hear from another solicitor? How well do you know yours? do you trust them? Because surely they will be rubbing their hands with glee that this is not resolved as soon as initially thought? This may be cynical of me, but surely if a settlement had already been agreed, then why should you have to pay more?

I may be well off the mark here, what are your options?

Posted on: June 18, 2009 - 10:36am
skiblah

Hi Again
I have now explored every avenue possible that we had discussed and sadly legal aid is a no go as i earn to much.I spoke to the legal advise people and the best they could offer was to talk to my insurance companys and credit card company as i may have legal protection cover.I do and this i followed up as well only to be told that they dont cover divorce .
I was told then that i need to speak to my solicitor about my problems.i spoke to a stand in as my solicitor is away on leave they were most unsympathetic and unhelp full saying that maybe i should represent myself then!!!! She also said that there is nothing in the law to stop the sale of a home even if there are children involved.
I now think that i must use some of the money i had raised from the bank for the settlement .this i will discuss this with my solicitor when she returns.It does mean that the lump sum i pay out will be greatly reduced and that the judge will have to take this in to consideration..
Fingers crossed.
Thanks for your help again .Its been a very hard week but at least i know where i stand now .

Posted on: June 20, 2009 - 9:23am
Louise
Parenting specialist DoppleMe

Thanks for the update skiblah. You sound exhausted. Try and look after yourself now and let us know how you get on. There is indeed nothing in the law to say the children will keep their home but you do have some strong arguments to put up. Wait till your solicitor gets back and try to take it easy in the meantime.

very best wishes

Louise

Posted on: June 20, 2009 - 2:56pm