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History: Home UK Divorce Forum
Topic:
Ex running away from Financials (9 Posts)
Started By:
Date:
28 March, 2017 06:01PM
Ex running away from Financials
Simars - 28 March, 2017 06:01PM
Hi All,

The decree Nisi is issued and I filed for the Financials in January 2017. My to be ex had opted to stay out renting a room since Dec'16 despite having a flat in his name where me and my son are living currently. He is paying for the mortgage though.

Now my ex is saying that he can't stay alone without a family around as he have very bad health issues (which is true but his job was never affected by calling sick apart from 2 times in last 7 yrs) and he wants to move overseas to India to his family. He is fine if he loses his job in the UK which is worth twice my salary, he also wants to stop paying for the mortgage of that flat in his name and wants to ask court to give him the custody of our son as I may not be able to afford the mortgage and upbringing expenses.

My question-
Can he get the custody of our son (6 yrs) to take him to India. He can't even look after himself due to health, how can he take our son?
I have put a charge on the flat in 2016 since I contributed to wards the deposit of the flat - If he stops paying the mortgage of the flat, do I and my son need to move out?
How does the financials move forward if he will go away? FDA is in May 2017 and he seems to plan to go for a year!!!

Please assist with above questions, please. Many thanks.
Sims
Re: Ex running away from Financials
Bubblegum - 28 March, 2017 06:20PM
Do you claim child maintenance? He would be liable for this regardless of if he lives in India or here. Courts would consider what is in the child's best interest when deciding who they should live with, it's not just a case of who can afford the child! Have you registered matrimonial home rights on the flat? How much equity is in the flat? Could you maybe sell it and move to a cheaper, more affordable area maybe? Are you claiming all the benefits you are entitled to? Eg. Tax credits as a single parent?? If the mortgage is in his sole name, only he is liable for it. If it falls into arrears the flat could ultimately be repossessed.
Re: Ex running away from Financials
Simars - 28 March, 2017 06:28PM
Thank you for the prompt response.
I don't claim child maintenance yet but can I?... even when the FDA is due in May!
I have registered the Matrimonial Homes rights - He secretly tried to sell the flat but couldn't obv. the equity in the flat is 260K and its a 8 yrs marriage. I stood home without work for first 5 yrs of child birth to manage home. He doesn't want to sell as he wants to keep this flat as an investment. he offered me 140K and wants the child custody also.

I am not claiming any benefits- I earn 30K and we aren't divorced yet, still need to apply for Absolute.

If he stops paying the mortgage of the flat and it gets repossessed, do I and my son need to move out?

Pls guide me.
S
Re: Ex running away from Financials
Bubblegum - 28 March, 2017 07:13PM
You can apply for child maintenance now - no need to wait. Go see your local CAB office and find out if you are entitled to claim tax credits.
Re: Ex running away from Financials
Simars - 28 March, 2017 08:22PM
Dear All,

If possible, please assist with the following:
Can he get the custody of our son (6 yrs) to take him to India. He can't even look after himself due to health, how can he take our son?
I have put a Matrimonial Homes rights charge on the flat in 2016 since I contributed to wards the deposit of the flat - If he stops paying the mortgage of the flat and it gets repossessed, do I and my son need to move out?
How does the financials move forward if he will go away? FDA is in May 2017 and he seems to plan to go for a year!!!

Thanks a ton.
Sims
Re: Ex running away from Financials
Simars - 29 March, 2017 02:12PM
Kindly reply to my question pls.
Thank you.
Re: Ex running away from Financials
Andyk - 29 March, 2017 06:53PM
It looks Bubblegum gave you the information you asked for
Re: Ex running away from Financials
Bubblegum - 29 March, 2017 08:16PM
Simars, I have a question for you...

You earn £30k, have a marital asset worth £260k which you occupy and have the benefit of. You are entitled to claim child maintenance and possibly tax credits. You say your ex will stop paying the mortgage and you are worried about repossession.

So, my question... Why can't you pay the mortgage?
Surely it's keeps a roof over your head and I'm guessing would be cheaper than renting elsewhere and also doesn't have the negative effect on the £260k equity you are fighting over. With £2.5k income a month I can't see why you would risk repossession. Oh and you should hold off getting the absolute until the finances are sorted to protect your MHR if nothing else.
Re: Ex running away from Financials
Simars - 29 March, 2017 11:32PM
Thank you for your advice B.

I see your point and it makes sense. Of course, my priority is shelter for my child and myself. I won't go for absolute until financials are over - Thank you!
My soon tbe is saying he is going to India due to his ill health and says he will apply for stay on the financial proceedings in the UK?
This is really to frustrate the financial proceedings in the UK..
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