Can anyone give me some advice.

My husband left the property beginging of March. Since he has left i have been left to pay all the mortgage and household bills plus raise our 2 children. I work part time so im pretty much financially to the wire. My ex husband is this weekend moving in with his new girlfriend and her son. He refuses to pay anymore than 100. for our 2 boys. what rights does he have to the house now and due to the fact that he is back in a relationship where rent bills etc are being shared does this have any bearing on his entiltlement?

Im about at the end of my teather.. being financially and mentally drained through this all

any wise words???

Lissa

Lissa,
Have you started divorce proceedings? If you have, you could apply for 'Maintenance Pnding Suit' which is a court order for interimm maintnance from your husband. Have you got the CSA involved in the case at all? He should be paying 20% of his nett income (after Tax and NI and pension) in child maintenance for the children.

As to him co-habiting, it weakens his case for his housing needs. He is sharing with his new girlfriend, so his housing needs are less than if he were living alone.

If he is on the mortgage and deeds, he still has a financial interest in the house and that would need to be settled by mediation or through court if no agreement could be found.

Are you claiming all the benefits that you can? Like Tax credits, council tax benefit and child benefit? You can check online at www.en­title­dto.com

Check if you are en­title­d to Legal Aid - http://www.communitylegaladvice.org.uk/en/legalaid/

Hope it helps

Mike

Cohabitation is one factor that is taken into account when determining the split of assets. There are 6 or 7 other factors to consider. Child support will be 20% of 85% of his net income (there is a 15% deduction from the income to allow for the child in his household) minus deductions for any overnights the children are with him.

If you haven't done so already it could be worthwhile consulting a solicitor ASAP to find out exactly where you stand and what your options are, even if you then decide to go it alone.

Thanks for the Info Mike.

I have just started the divorce proceedings against my ex's will, he wanted to go for a 2 year separation, however the way i see it, why should i be tied to a person who has a new life with someone else that doesnt contribute towards the assests that he says he has in the property. I didnt get the CSA involved because i thought we would have joint custody to the children as this is seemingly not the case as he has only had them for 2 weekends and 2 saturday nights since the begining of July. im just really fed up with the whole thing, as he is almost making sure that im in such a financial tight gap that it almost forces me to sell the property - but if i do so, i make myself homeless and wouldnt be able to really afford anything more than a one bed flat...

He has another son that he has nothing to do with and hardly pays for and i didnt want this for our childrent but as it appears it could be going that way.