joe v3sti

iTrader: (8)

Right guys sorry for the strange title i wasnt sure what to put.
I've just got a question I asking on behalf of a mate of mine. Please bare with me as its a topic I know bugger all about.
Briefly
My mate and his Missus split up, they have a child together and are currently going through a divorce. He is been more than helpful and towing the line because he wants it over and done with. She i dragging her heels and making out to be hard done by, mentally financially the lot.

As part of thier divorce he has exchanged all financial details with her as part of the financial disclosure. Bank statements, wage slips, p60 etc

Now he has received a correspondence from the CSA and it would seem that she has sent his p60 and wage slips into the csa.

Now why she has done this no one knows because it seems well documented that he pays the correct amount.


So my question is, is she allowed legally to submit his financial details and documents (wage slips and p60) to 3rd parties. Even tho she has obtained this information as part of the divorce proceedings.


Any help and advice is appreciated, again please remember I'm not fully clued up on all this stuff as it is nothing to do with me.

Thanks joe

Midlife......

iTrader: (2)

Your mates lawyer should sort this out for him.........and yes she can submit financial details as she is still married to him.

If the divorce is not yet sorted then how does he know that he pays the correct amount? a court decides that.

This is very much lawyers territory..............

Shaun

ritchie21

I'm not a family practitioner but as I understand it, if she has made any type of claim for benefits, it is the DWP who refers the case to the CSA. She has no choice in that or no benefits. It could be that that is what has happened.

I echo Shaun's advice above-he needs to speak with his solicitor about all of this-especially if they have a court approved financial settlement which incorporates his contributions to child care.

cookstar

iTrader: (6)

Tell your mate to lube up, he's going to need it.

paul98typer

After paying my ex for a good 5yrs or so she got finished at work and went to claim benefits and they would not give her any until she informed the CSA of my details, Not her decision she had no choice.
They then decided what I should be paying and her benefits got adjusted accordingly.
Screwed me over as they take a snapshot of your wages in which I had done a lot of overtime.
Would say Your mates ex has either started claiming benefits or is trying to get more out of him.

grey_boy

Tell your mate to go self employed....**** the CSA MONKEYS

cookstar

iTrader: (6)

Not an option for most is it?

Turbohot

Good idea. Give out fiver a week than 50, because you need 45 for your **** up in the pub? Let your children go to school (because they live with only 'her' now, and you're just a part timer) in budget shoes while their friends take their micky as they can't wear designer shoes? Fantastic.

I do empathise with estranged fathers who really get hard done by, but not with bitter manipulators.

Law can be an ****, but fiddling to deprive your children is low. Thinking that the 'b1tch' is spending all that money on herself is low, too. If this is what happens, then there should be a law that you could prove that, and then your money could go into some trust for your kids only- not in her hands. IMO.

Other than that, don't drop kids at random everywhere, until you know you can hold a family together. This applies to the females as well. If it still goes wrong as it does happen, cut your losses, bite your tongue and lips, and face the tune. Stay good, though. This also applies to both.

Life is a gamble, no running away from this fact. Some win, some lose.

legb4rsk

If you have a property & your other half continues to live in it with the kids make sure you have a clause that shares out the house once the kids reach 18.

Puff The Magic Wagon!

iTrader: (2)

Each individual circumstance is different but essentially there are 2 parts to a divorce. 1st part is the actual legal divorce and the 2nd part is the financial aspect. Because here there are kids involved, the Courts must be satisfied they are being looked after properly over either parent.

Normally the divorce and financial are done at the same time as it makes sense but I don't think a financial can be done on its own but a divorce can.

The financial part can be done the (relatively) easy way or the hard way. The easy way is to come to a mutual agreement with the ex and then to have a lawyer draw up a draft consent order, which is then presented to the Court. The court check it over that the kids are looked out for properly and that either part is not getting totally reemed and then stamp it. I think its law now that both parties have to go to a mediator to try and reach this point "amicably" before solicitors get involved.

The hard way is to not come to an agreement, then you have to list all assets, income etc to the court and let the court decide. This usually involves lawyers and ends up costing both sides loads of money - either in fees or in reduction of assets overall.

Below are some links to Consent Orders and details about how to obtain them.

http://www.nicolawilliams.co.uk/cons...nt-orders.html

https://www.gov.uk/money-property-wh...-consent-order

http://www.lawdonut.co.uk/law/person...ers-30-faqs#10

There's a lot of good info out there and especially on the gov.uk sites as that is what is the law and expected. At the end of the day, its a process and removed from any emotion, whereas for the divorcing parties, its all full of emotion.

Puff The Magic Wagon!

iTrader: (2)

Just to add, that if ex was a stay-at-home parent, then your friend will be expected to contribute a lot more in the divorce, than if she also worked for a living.