Good afternoon!I have recently broke up with my partner, who is a father of my two kids (age 5 and 2). We were together for 6 years, but never got married. We both have full time jobs, but my earnings are way smaller than his. I have moved out, found a house which is about half an hour drive from his place. (because of the cost if the rent). My mother looks after the kids while I'm at work. One child goes to school (in the place where I live), second one is at home with my mom. My ex partner failed to pay maintainance for our two kids, so I went to court (court date set up for next month).I havent got any loans or mortgage, but after paying rent, bills and food i have absolutely nothing left.He has a loan in the credit union, and in the bank, lives in a council house. He says he has very little left after paying all the loans and bills and is unable to pay me maintainance.My question is - is there any chance I will get a money of him? is there any way his loans in the bank and credit union, could be reduced if he had a court order to pay me maintainance?Also he is being awkward and says, he will fight to get shared custody (he wants to have them for a week, and I would have them for a week), to which I did not agree. I'm willing to give him the kids every second weekend and half of all the holidays, mid term breaks, christmas etc.Whats the chance of him getting kids in the system "week with him, week with me?"Also, do You think I will get any money of him, is there any chance he could reduce his payments (loan in the credit union and bank), if he got a court order to pay me maintainance? Does court order to pay money, comes as a priority in this country or is there a such a thing? Would the credit union and bank has to accept the court order and reduce his monthly payments?Thank You Very muchAnnaThanks very much.Anna
With regard to maintenance, the court will order him to pay maintenance. The court will require him to file an affidavit setting out all details of his income and all expenditure and may require supporting documentation such as bank statements, credit union books, and salary slips. There is no question but that the court will order him to pay some amount, the question will be how much. A court will not order that repayments on a loan become second priority, but the court is likely to find that he still has some discretionary money which he can pay towards maintenance. It is possible that the court could make the practical suggestion to him that he approach the bank or credit union and ask them to change the monthly repayments to a lower amount, however the court is unlikely to make a court order to that effect.
With regards XXXXX XXXXX the court is much more likely to go with the arrangements which you have suggested, which seem reasonable. However, the court will examine all the circumstances and decide what is in the best interests of the children. Your ex partner may also make an application to the court to be appointed as a legal guardian of the children, if he has not already done so. An unmarried father is not automatically a legal guardian of any children born in an unmarried relationship.
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