[Solved] remarry, property etc

Thank you.

I'll call them now to find out

Update: I have been told because I am on disability living allowance and receipt of carers allowance nothing changes.

I remain cautious, if my partner transfers the property to me to make best use of taxable allowances, and left with such huge debts by the courts every penny counts, then I am suddenly better off by a property and its rent income which props up the finance.

assuming they will as a worst case ignore the finance and loans that we also are a part of.

Hi,

If the property is transferred to you and there is an income from rent then that will form part of your income so will therefore become part of what your ex can claim against as your income, so in that respect it wouldn't be financially beneficial for your new partner to transfer ownership to you.

GTTS

I agree - I seriously wouldn't transfer the property at this time, at least wait until maintenance is no longer payable. I'd also get proper financial advice regarding transferring the property into joint names, there may be other tax implications.

thank you,

I had some advice yesterday which is echoed here. It is actually possible to transfer un-used tax allowance between married couple spouse, so simplistically speaking if I have some left over it can go to my spouse which is all of it so same outcome, different approach.

How a court can bludgeon a devoted father so badly and then still leave the door open to CSA claim is beyond logic, since when did it best meet the needs of my children to financially ruin me, none of this promotes or supports a fathers active involvement.

Anyway thanks to everyone.

PG

Hi,

I go a message recently which pointed out

" however there is no system in place (and In my opinion never should be) that if fathers don't have contact or even if they have very little contact whether that be through their own choice or that of a judge that they are then exempt from paying towards the up bringing of that child.

Contact matters and financial support of a child are 2 different things and should always be looked at in this way. A court isn't looking to financially ruin a father they are only looking to work out what's best for the child, they don't always get this right ad sometimes either the child or the non resident parent loose out through no fault of their own, but again this has nothing to do with money or paying child support.."

The first line is the one, ""there is no system in place"
and the last line" they don't always get this right ad sometimes either the child or the non resident parent loose out through no fault of their own"

I would like to be very clear I did not shirk or avoid my commitment financial or otherwise towards my children. I love my children unconditionally and I was an equal parent in every way except gender and my own needs.

Ancillary relief should be about the NEEDS of children, not the lifestyle desire of a mother. I look at the options (CSA payments) in my first post because there comes a point I need to be able to live in the most basic sense possible and my ex wife is relentless in her pursuit of money. The children are pawns in this.

A judge has a choice, to balance, i.e once the real life needs threshold is met, which in most cases is housing, then if the wife is earning a good salary, (and my ex had enough to buy 2 houses and was on a extremely good salary), how far they elect to/how severely they financially crush the father vs a balance of what the needs are and the ability to remain a committed part of the childs life.

Judges do get it wrong, not limited to but including the ability to read, apply the law which in itself is fundamentally correct, just needs to be applied and some simple arithmetic. Solicitors do change documents from draft to final copy without any consultation.

"there is no system in place" Its true!

There is no process available to rectify this. I know because I have experienced it first hand all the way to the high court.

What do we do, just cuddle each other and whine about it (I say that non aggressively by the way).

If the DJ gets it wrong, fundamentally, there is no way you can overcome that. It does not matter how much you can prove findings are wrong, fraud has been committed (and my ex wife committed staggering amount of fraud by false representation which i proved in a high court) you cannot change anything. The courts don't want to look like a bunch of muppets and there is a huge fundamental flaw in the appeal process.

It is the only service sector you will ever find where the employees are not accountable. Thats not right.

I hope to be able to revisit these boards soon to kick start a campaign, not to change the law, because I believe it would work if applied correctly, but in its way it is managed. I won't be climbing the outside of parliament in a suit because lay people don't really get it. I plan to get enough signatures and support to get this heard inside parliament.

Plenty have tried before me i know but its like this, throw enough small pieces of paper at a large rock suspended on a rope and eventually that rock will move. The system is failing the very people it is supposed to protect and that not right.

I could do with some help though, i am still mentally fried from battling through the court system and I had to self rep in the end.

PG

P.S I do invite some critique because I am still blinded by what's happened to me and my knowledge is limited.

I would doubt that you would get anywhere, not because you are wrong, but because the government has only just set up the CMS to replace the CSA and they aren't going to want to revisit this, certainly not so soon.

One of the issues is, as you know, that if the parent with care is earning a lot of money, this isn't taken into account when calculating maintenance, so if the government do take this into account, then the NRP would have his/her payments reduced. But then what happens if the PWC earns nothing, but has re-married someone with a lot of money - does the NRP still have maintenance payments reduced? If so, that means that the new spouse's income is taken into account, and that would mean that people who re-marry but their new spouse doesn't earn a lot will also get penalised.

The problem with the system is that the fairest way would be that every case is assessed on the circumstances, and reassessed if the circumstances change, and that simply isn't feasible.

What the government have tried to do - whether it's successful or not - is to say that both parents should be contributing towards the costs of bringing up the children, irrespective of contact, because the child needs someone to make that decision if the parents can't agree. I do agree with the concept that contact and maintenance should be separate issues, but I also think that the PWC should be penalised if they seek to reduce contact simply as a punishment, or in order to reduce the number of days of contact to alter the maintenance calculation.

Hi pgtips

Thank you for your post. I am William the Child Maintenance Options consultant. I will provide some information that may help answer your query.

If a new application is made to the Child Maintenance Service, they uses the amount of gross income given to HM Revenue and Customs (HMRC) by a paying parent, their employer or their accountant to work out the average amount of earnings, or, where the paying parent is self-employed, their taxable profits. For every case, the gross income figure will be reviewed each year in order to take account of newer income information given to HMRC. In general the paying parent’s partner’s income is not taken into account. For further guidance, you may wish to contact the Child Maintenance Service directly. You can also find more information on how the Child Maintenance Service works out child maintenance on Gov.uk at https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance.

For more information on the ways to set up child maintenance, please visit our website at http://www.cmoptions.org. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday. We have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William