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Well didnt think it would happen to me, but it has so need some help. we had agreed not to touch each other pensions, and assets, and do this in the most ambicle way but she has now been for advice and told me the following;
She wants 50% of my pension
Been advised that because our two daughters are both on apprenticeships she can claim maintenance for them?
Advising me to sell my car and take out equity out of it as hers is a cheaper car.
She also has a pension but no where as good as mine. She has said since then she will now state she doesnt want my pension, if this is the case can the solicitor make her client claim my pension? even if we agree not to?
Also i was under the impression that because our children are over 16, and both working (on apprenterships) that maintenance would not be a issue?
Any help would be very much appreciated.
Thanks.
Hi There,
Sorry to hear about your situation, but welcome to the forum.
With regards to pensions, the advice given by a solicitor is just that advice, she doesn\'t have to act on it as she is an adult and can make her own choices in what she does, it does seem the case though that once solicitors plant that seed it makes people greedy.
with regards to the maintenance, if she is still in reciept of child benifit then the CSA/CMS will still be in effect, they work on the same ruling as child benifits, when benifit stops so does the liability.
GTTS
As far as maintenance, it depends what type of apprenticeship they are on, you\'ll find some info on that in the stickys at the top of the child maintenance section.
If she sticks to her word and doesn\'t pursue your pension then I would make sure that have a clean break order put in place so that she can\'t change her mind later on.
You may find this helpful
http://www.advicenow.org.uk/data/files/financial-order-june2014-final-1628.pdf
many thanks for this info. just a tad confused as the GTTS said that if thee is no child benefit been paid then no maintenance is due, but your comments conflict that?
i have phoned up the child maintenance services today and they have said if no child benefit is being paid then no liability is due.
many thanks.............
been to a solictor today and they have given me alot of info. Regarding her wanting 50% of my pension then she says she doesnt, my worry is that if she sticks to her word and doesnt request it, like i have done with hers, but then when it goes to a judge he can over rule this.
So if the judge said no this is not fare, and orders her to have a percentage of my pension, i would then want to say well i want half of her pension, and other assets but they the financial forms will have to be corrected and then more sols costs - is my line of thinking correct?
many thanks.
...sorry for the confusion. Child benefit can be claimed until a child is 20 if they remain in full time non advanced education, and some apprenticeships are included in this....but yes, child benefit and maintenance are linked and the CSA/CMS will expect maintenance to stop when child benefit does.e
If you have both reached agreement before you go before the judge I can't see them overruling it...however I'm no expert in these matters.
Hi,
The Judge has the right to decide what is fair in way of a financial split, I wouldn't have thought that they would over rule an agreement on pensions though, they are able to over ride decisions based on one party or the other being masively out of pocket, this would normally be around assetts of property.
When I was going through mediation with my ex, she wanted me to walk away with nothing from the house, that was her first suggestion, the mediator pointed out that the judge wouldn't agree to that as there was a fair bit of equity in the proprty, and pointed out that the split would need to be of a nature that made sense, or the judge could make the decision to not agree.
When it comes down to your pension, my view would be that if you aren't claiming against hers and she isn't claiming against yours the judge would be fine with this as it wouldn't leave either of you better off from the other if that makes sense. If she were to make a claim against yours and you had said you wouldn't against her pension then the judge may make an adjustment in line with the value of her pension.
This is just my view from my experience but I don't think you will have any issues.
GTTS
With regards to child maintenance, it may depend onthe apprenticeship as to whether maintenance is due under CMS - get the CMS calculation written into the agreement and the courts will almost certainly agree to that aspect.
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