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LIVE 24-SEVEN


JORDANS SOLICITORS SPECIALISTS IN FAMILY L AW


Barbara Jordan, of Jordans Solicitors, answers a question posed regarding divorce settlements following a marriage breakdown.


QUESTION:


I wonder if you can help me. I have two children aged nine and ten and have recently separated from their father to whom I was not married.


I have applied for child support, but to my astonishment the Child Maintenance Service have told me that the children’s father only needs to pay me £7 per week.


He is self-employed and clearly he is organising his accounts in such a way as to suggest that his income is extremely low.


This may be the case, but I know that my former partner has large assets comprising property and shares.


56


It seems outrageous to me that I should receive so little on the basis that the children’s father has low income, when he is in fact very wealthy when considering his assets.


What can I do about this?


If, however, the children’s father has land, shares, stocks, unit trusts, securities or second properties that are not part of his business, then these can be taken into account and you should therefore go back to the Child Maintenance Service and ask for this issue to be considered.


Quite apart from that, it may well be that the children’s father should be providing you and your children with a home until the children reach 18 years of age and this is an application that you could make in the Courts under Schedule 1 of the Children Act.


ANSWER:


In 2018 the Government changed the child support rules and, under the Child Support (Miscellaneous Amendments) Regulations 2018 the issue of assets of paying parents was required to be taken into account and, if an individual has assets of more than £31,250, then the value of those assets is to be treated as additional income of the non-residential parent. The value is to be calculated by applying the statutory rate of interest for a judgment debt (8%) to the value of the assets. In other words, the assets will be deemed to generate an income at the rate of 8% of the value.


These Regulations specify the assets to which the variation grounds will not apply and these include business assets and the home in which your former partner lives.


Jordans Solicitors, the Studio, Lydbrook, Gloucester GL17 9SB and 4 Royal Crescent, Cheltenham, Gloucester GL50 3DA Tel: 01242 386700 www.jordans.legal


LIVE24-SEVEN.COM


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