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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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My partner has been split from his ex wife for two years and

Customer Question

My partner has been split from his ex wife for two years and is currently starting divorce proceedings. As the split was amicable we want to try and do everything ourselves. They have joint custody of the children - 7/14 days each. He currently pays her £200 a month and they split cost of dinner money/after school activities and any other expenses. She claims child benefit and tax credits for the children. We both buy clothes etc and provide for the children when there are in our respective care. My partner and I are happy with this arrangement as we want the children to live similiar lives whilst they are with each parent but now we have started talking about divorce - and she doesn't have a new partner, money is becoming an issue. She feels as if she is entitled to more money as he earns more than her. She wants a percentage of his shares and pensions and for the monthly amount we give her to go up. Do we have to give her more money even though it is joint custody? I have two children of my own and our houses are up for sale with the plan of moving in together on completion. I am confused as to where we stand when custody is shared? If she is entitled to more money then of course we will provide for the children, we want this to be as amicable as possible but it just all seems unfair when care and cost is split equally. I feel she wouldn't be pushing for this if she was happy and settled with a new partner herself.

Thanks for any help and advice you can give
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Clare replied 4 years ago.

claire :

Hi

claire :

Thank you for your question

claire :

I shall need a little more information if I am to help you

claire :

What were the capital assets and how were they divided between them?

claire :

How much does your partner earn each month?

Customer :

By capital assests do you mean the property? She took over the property and all the contents, he had the car (worth £18,000) which he sold in order to put adeposit down on a house. He also took over their credit cards debts of approximately £17,000 which we ae still paying. She was initially giving him some money towards the credit cards but this was only for a few months. His wages are variable due to bonus and share schemes. His basic monthly wage is roughly £2100 but some months this is higher due to shares and dividend payments (which she also gets as she works for the same company, just not to such a high degree) I don't know how this works out, whether you divide his annual salary equally - but then this wouldn't be fir as basic months we wouldn't have the 'extra' money so to speak. Likewise, it is completely dependent on the share price which can obviously rise and fall. Therefore I'm not sure how to work it all out fairly! His annual salary last year was approx £52,000 but this is likely to rise to approx £65,000 this year.

Expert:  Clare replied 4 years ago.
Hi
How much is her house worth and how much is outstanding one the mortgage.
What are the shares worth and what is his share in his current home worth?
Claire
Customer: replied 4 years ago.


Her house is worth approx £130,000 but I don't know how much is left on mortgage. It was bought for £45,000 but think they re-mortgaged. I know she pays £520 month mortgage. The price of the shares ae variable on the stock market. He gets a yearly lump sum that varies depending on their value at the time. He received £15,000 last month. His house is on the market for £175,000, the mortgage is for £150,000 i think. His monthly payment is £870. We are hoping to get the £20,000 equity in the house we need to pay off their credit card debt

Expert:  Clare replied 4 years ago.
Hi
Do they own roughly the same value of shares and what is the difference in their pensions
Claire
Customer: replied 4 years ago.

No, as he is a manger his shares are considerably higher but she has the opportinity to 'win' incentive shares based on performance. I couldn't tell you how many shares she owns compared to him. But as a guide, he received £15,000 payout last month where as she received approx £3,500. I don't know personal information such as her pension. Again, hers would be lower I would assume as she only works 20 hours a week compared to his 40


 

Expert:  Clare replied 4 years ago.
Hi
How long were they living together for?
Claire
Customer: replied 4 years ago.

They were together 12 years, living together for about 10

Expert:  Clare replied 4 years ago.
Hi
What was his income after tax last year and how many children are there?
Claire

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