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Husband left her

(59 Posts)
Houseseller Sat 05-Jan-19 11:26:52

Good morning all, I wonder if anyone can give my step granddaughter any practical advice. Her husband of 6 years has just informed her he is leaving her. They have 3 small children under 7 years and live in a privately rented house costing £800 per month. They are in debt and husband has run up her credit card buying hobby items. She works at Amazon to help out the finances but relies on Mother in law for childcare. Her husband is moving in with his mother and is suggesting he has joint parenting to avoid paying maintenance. She is at her wits end as doesn’t earn much and won’t be able to keep up with the rent. As her mother in law looks after the children she doesn’t want to fall out with her. Any practical advice will be welcomed

icanhandthemback Sun 06-Jan-19 16:01:45

It will if they are encouraged to stay on to spend the evening with dad.

It is where they sleep that counts and presumably there will be plenty of negotiation before the actual divorce. One thing I can tell you is that the courts take quite a dim view of the children's residency being decided upon to avoid the payment of maintenance. CAFCAS are very aware of this sort of thing. Anything they do will be deemed to be in the best interests of the child, not his pocket.
Of course anything can change after the divorce but in the first instance it can be determined by the courts and a good solicitor will protect the interests of OP's step-grandaughter. We can only go on the information given here and we don't know whether Dad works or what the full details are which could have a bearing on the whole thing.

Houseseller Sun 06-Jan-19 17:36:46

Hi, both parents work

M0nica Sun 06-Jan-19 18:29:56

Here is a link to the Citizen's Advice online site www.citizensadvice.org.uk/family/ending-a-relationship/how-to-separate/deciding-what-to-do-when-you-separate/.

You say that your step-GD's husband ran up debts on her credit card. How did he do this? Did he coerce her or bully her to do this or compel her to give him her pin number?

If that is the case then this behaviour falls within the remit of violent and abusive behaviour and she is entitled to legal aid. See the following link www.gov.uk/legal-aid/domestic-abuse-or-violence. Start with the CA and work down.

While I can understand that your step-GD doesn't want to cause upsets with her MiL because of the childcare. The fact is that this rarely works, her husband, back with his mother will undoubtedly use his position there to control and intimidate her. She may be better giving up her job and going on benefits.

She must visit her local Citizens Advice office and get advice on every aspect of her separation including all the benefits she may be entitled to.

Tartlet Sun 06-Jan-19 19:22:08

Just to endorse the need to make an immediate claim for universal credit and also to avoid any agreement about joint parenting. She should assume for UC purposes that she will have parental responsibility. That doesn’t preclude the children from spending time with their father elsewhere but will help to avoid financial pitfalls and entanglements and I think it’s rare than a true joint parenting arrangement succeeds.

So she should let him leave and get her basic benefit income secured by making the UC claim. It’s also worth pointing out that UC only counts the first two children in the claim so any claim won’t absolve him of the need to pay maintenance.

sharon103 Sun 06-Jan-19 20:38:51

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willa45 Sun 06-Jan-19 22:38:41

Is his name is on the rental agreement? If it is, he's responsible for the rent and the Landlord can go after him for non payment and breach of contract.

moggie57 Sun 06-Jan-19 23:23:00

go to CAP and get some advice.her h still has to pay for the children and some of the childcare. dont give him his cake and let him eat it. he has to pay for his children and his debts. you need some legal advice .. do it now...you need to fill in forms for housing benetfit/council tax and lone parent benefits.

mabon1 Mon 07-Jan-19 17:35:32

Get a good solicitor at once