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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22591
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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To answer some of the previous questions, I am a full time

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Dear Sir or MadamTo answer some of the previous questions,
I am a full time house husband since 2002 and part-time worker because I am the carer for our disable son. Our boy was diagnosed with having a severe level of Attention Deficit Hyperactivity Disorder (ADHD). For ten years since 2002 I managed to work part-time but in 2013 I had to leave the job and dedicate myself to care for only for him. I was in part-time employment until 2013 but I had to give up the job as our son’s medical conditions needed intensive care. Hence, I had to look after him full time in common agreement with my wife, who wished to keep on working full time. My only income is a small allowance as the formal carer of our 14 years old son Luca. I became the official carer of our son since 2011.My wife was made redundant in the first half of 2015 and I am aware that she received a fairly large redundancy sum estimated to be around £70,000.00. However, when I tried to ask her clarifications about the precise amount she is not willing to share the information. In the second half of 2015 she paid off the remaining mortgage repayments by paying approx. £10,000.00 out of her redundancy sum.After her redundancy, she started her own business trading with her own Ltd company which she registered after the redundancy.An issue that is creating problems is the fact that she is unwilling to cooperate in family matters where is required her input. For example when financial data and information about the family income are required to fill forms such as the Child Tax Credit she is unwilling to provide me the information refusing to give out the figures for her income. I have been asking this information for almost three months now but I am still unable to obtain from her the information required to fill up the forms. I contacted the Inland Revenue who sent me a form to claim the Child Tax Allowance but after providing them with the information they stated that according to the data they have my wife is still working for the company of her former employer. The problem is that when I ask her to clarify this situation she is uncooperative and unwilling to answer. This is resulting in our family losing the allowance sum to which we are entitled.Another important issue lies in the fact that my wife is no longer willing to share the family expenses, which now remain solely on my shoulders though I am not in employment. In essence, my wife is not willing to pay for any expense at all.In summary, at the moment I contribute to the following expenses:• The family food shopping (100%)
• The family only car which we both use (100%, insurance, MOT, servicing, road tax, local parking permit, etc)
• The family’s home repairs and refurbishment (100%)
• The home telephone and internet bills (100%)
• The family’s holidays (80%)
• All the expenses for our son ( 100% clothes, activities, etc.)The family house is worth between £360,000 and £420,000. I intend to ask for the divorce. But, for the time being, how do I stand legally with this new situation where my wife is no longer willing to share the family expenses whilst she is not willing to share and provide any info about her income?
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
14th March 2016Dear Sir or MadamTo answer some of the previous questions,
I am a full time house husband since 2002 and part-time worker because I am the carer for our disable son. Our boy was diagnosed with having a severe level of Attention Deficit Hyperactivity Disorder (ADHD). For ten years since 2002 I managed to work part-time but in 2013 I had to leave the job and dedicate myself to care for only for him. I was in part-time employment until 2013 but I had to give up the job as our son’s medical conditions needed intensive care. Hence, I had to look after him full time in common agreement with my wife, who wished to keep on working full time. My only income is a small allowance as the formal carer of our 14 years old son Luca. I became the official carer of our son since 2011.My wife was made redundant in the first half of 2015 and I am aware that she received a fairly large redundancy sum estimated to be around £70,000.00. However, when I tried to ask her clarifications about the precise amount she is not willing to share the information. In the second half of 2015 she paid off the remaining mortgage repayments by paying approx. £10,000.00 out of her redundancy sum.After her redundancy, she started her own business trading with her own Ltd company which she registered after the redundancy.An issue that is creating problems is the fact that she is unwilling to cooperate in family matters where is required her input. For example when financial data and information about the family income are required to fill forms such as the Child Tax Credit she is unwilling to provide me the information refusing to give out the figures for her income. I have been asking this information for almost three months now but I am still unable to obtain from her the information required to fill up the forms. I contacted the Inland Revenue who sent me a form to claim the Child Tax Allowance but after providing them with the information they stated that according to the data they have my wife is still working for the company of her former employer. The problem is that when I ask her to clarify this situation she is uncooperative and unwilling to answer. This is resulting in our family losing the allowance sum to which we are entitled.Another important issue lies in the fact that my wife is no longer willing to share the family expenses, which now remain solely on my shoulders though I am not in employment. In essence, my wife is not willing to pay for any expense at all.In summary, at the moment I contribute to the following expenses:• The family food shopping (100%)
• The family only car which we both use (100%, insurance, MOT, servicing, road tax, local parking permit, etc)
• The family’s home repairs and refurbishment (100%)
• The home telephone and internet bills (100%)
• The family’s holidays (80%)
• All the expenses for our son ( 100% clothes, activities, etc.)The family house is worth between £360,000 and £420,000. I intend to ask for the divorce. But, for the time being, how do I stand legally with this new situation where my wife is no longer willing to share the family expenses whilst she is not willing to share and provide any info about her income?
memo
To:
From:
CC:
Date:
Re:
18 February 2015 12:54
Hello, I am a full time house husband since 2002 and part-time worker because I am the carer for our disable son. Our boy was diagnosed with having a severe level of Attention Deficit Hyperactivity Disorder (ADHD). For ten years since 2002 I managed to work part-time but in 2013 I had to leave the job and dedicate myself to care for only for him. The problem is that with the passing time I sensed that my wife was becoming more detached and less interested in me within few years of becoming a househusband. In the last five or six years the situation between us became really bad to the point that I want to divorce. What are my rights with regard to the jointly-owned house and with maintainance contribution for our child?18 February 2015 01:13
Stefano Montagni
Expert:  Stuart J replied 1 year ago.

Good morning. Thank you for thequestion. It is my pleasure to assist you with this today. I apologise for thedelay.

Until such time as you start divorceproceedings, you cannot make your wife contribute to any household expensesalthough, if you have no income and as a result, any children are neglected,she could face prosecution for that.

Until such time as you start divorceproceedings you are simply a spouse that is short of money.

As part of the divorce proceedings,you can apply to court for a court order whereby she will be ordered todisclose the extent of her income savings and assets and to do so under oath.

TheCSA (Child’s Support agency)/CMS (Child Maintenance Service which deals withnew claims) changed the way they calculate liability for child maintenance afew years ago and made it a lot more complicated.

Itused to be based upon take-home pay but now it is based upon gross pay. Fulldetails are below but if you want a rough estimate, it is 15% for one child,20% for two children, and 25% for three children or more of take-home pay.However it is now based on gross pay and not net pay. It does not take intoaccount savings, only income.

CSA/CMSrates of child maintenance for a non resident parent earning £200-£800 per weekgross are 12% for one child, 16% for 2and 19% for 3 or more children living 100% with the resident parent.

For gross incomes incomes over £800 per week up to £3000 per week, theneverything over £800 per month he pays 9% for one, 12% for two and 15% forthree children or more.

That is reduced by 1/7 for each 52 nights the child stays with thenon-resident parent. There is also a reduction in the non-resident parentis responsible for other children. The rates increase for higher earners anddecrease for low earners.

Child maintenance is payable till the children reach 20 years old or leavefull-time non-advanced education. Non-advanced education is generally classedas a level, not University, but there are some further education courses whichare not classed as advanced. Full-time courses can be as little as 12 hours perweek.

Advanced education courses include: a degree, Diploma of HigherEducation (DHE), NVQ level 4 or above, BTEC Higher National Certificate (HNC)or Higher National Diploma (HND), teacher training

'Non-advanced' education includes the following: GCSEs, A levels
NVQ/SVQ level 1, 2 or 3, BTEC National Diploma, National Certificate and 1stDiploma, SCE higher grade or similar

The CMS booklet is here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85746/how-we-work-out-child-maintenance.pdf

Which contains lots more info

Thereis a possibility of a liability for spousal maintenance, maintenance paid tokeep a spouse , as opposed to children. Although most commonly paid fromhusband to wife, that is not necessarily the case. Spousal maintenance is basedon both incomes, ability to earn money, previous lifestyles and mostimportantly, need. It is not about equalising incomes. There is no exactformula, but these links will give some reading..

http://www.pannone.com/media/articles/family/family/spousal-maintenance-how-much-and-for-how-long

and

http://www.familylawweek.co.uk/site.aspx?i=ed33597

and

http://www.findlaw.co.uk/law/family/divorce_and_dissolution/maintenance/500184.html

And here is an interesting and informative article withregard to the division of finances in general

http://www.lawteacher.net/family-law/cases/financial-matters-on-divorce.php

Depending on the value of the house,if you are going to be the resident parents looking after your son on aday-to-day basis, you may be able to remain in the house until your son isindependent or, virtually indefinitely if he is going to be needing careindefinitely.

If the house was worth, say, £100,000,with a £90,000 mortgage on it, you would certainly be able to stay in thehouse, depending on the level of the child’s disability,until he was at least 18 and only then would it be sold.

If however, the house is worth £1million with no mortgage on it, the chances are the house would be sold now andthe proceeds divided 50-50.

I’m not certainwhether that answers the question for you or not but I am happy to answer anyspecific points arising from this.

Expert:  Stuart J replied 1 year ago.

Hello again. Can I assist you any further with this?

Please do not forget to rate my answer service positively so that I get credit from my time today. You will get the impression the thread closes but it does not, it does remain open if you want to follow any points. Thank you. Kind regards