hi, just aftyer some advise. me and my partner of 5 years have split up. we have a 2 and a half year old together. i have to leave the house with my daughter as its his families property. my ex has about 13,000 in saving where as i have none (i had to pay bills shopping etc) he is now offering me a 1 off payment of 3,000 to leave and start afresh with his daughter. am i entitled to more since im leaving with nothing and his daughter or is this it as we were not married?
hope some1 has sum idea.
I have no idea if it is the same in the US, but in most places you are entitled to half of everything including the house [whether you were married or not if you lived together as man and wife] and then he can be forced to pay maintenance for his daughter.
Get advice from some help organisation rather than a lawyer quick as possible. And good luck.
"rather than a lawyer"? Getting advice from a lawyer would be a good way to start as well.
You have no rights over that house if he doesn't own any of it, but you do have rights to something like half of every bit of wealth he has accumulated since you married. So if those $13k in savings were accumulated since you married, then you should be going back and asking for $6.5k.
As for the children/child that is a different matter, you need to appoint a solicitor. He will of course be required to give you a certain proportion of his earnings right up until your child is 16 or 18 if they stay on at school for A levels.
I can see that you are from the UK, what I say may not be relevant in the USA. Remember that people on low incomes can get help with their legal fees in this country. You should have stated that you are in the UK, now you have numerous Americans trying to offer you advice which is... frankly... now redundant.
Is he trying to say that if he gives you $3000, you are to go away, with the child, and never contact him again?
If he is, he's dreaming...he has to pay child support on his daughter, at least until she's 18.
As long as he doesn't make you sign anything--I'd take the money, use it to get you and your daughter situated somewhere, then contact an attorney, to see what your rights are for everything else.
If you don't sign anything--the money he gives you will probably be considered a "gift" in the courts--at least it was in Ohio when my kids were small.
He will have to pay child support...regardless of how much money he gives you. The court considers the welfare of the child. Getting a lawyer is the first step as others have recommended. Write everything down...what he said and the dates that he said it. Write down every action he takes against you and the child.
Find a support group...they will gladly help you through this.
You are in the UK so you are surely aware that you are entitled to claim 50% of assets and liabilities... Unless a PreNup Agreement was signed prior to the commencement of the realationship period.
If you have contributed to the cost of raising your child, then allowance must be made for what has been given up by you to do so and that is also taken into the equation.
Everything is treated as JOINT and compensation sought must represent a shortfall to that 50/50 level of individual contributions by each party.
Do not leave UNTIL you have retained a Solicitor who can offset their fees from the overall estate value. Don't assume that you do not have a legitimate claim over the property even if they say you don't.. the answer lies in the details 'en title'
You need to note the individual contributions, joint contributions, joint expenditures, individual expenditures, joint and individual incomes, list of assets and liabilities as at the time you entered into the relationship and current levels. To save some Legal Cost.. Do those sums and take them with you to your initial interview with the solicitor.
Sign Nothing and Don't Leave Yet or get into a Hostile confrontation. Know your Rights and Good Luck.
NOTE: The issues relating to your child are generally dealt with under an another Act and you must not allow child issues interfere with the other relationship issues that in themselves are quite intensive.
So.... Keep in mind that all Legal Authorative Parties must and will always 'act in the best interests of the child' and make orders only on that basis! Family Court guidelines will dictate the terms of child support and access. You can check the relevant Acts and Guidelines on the net if required.
thank you so much for all your advise, i will get in solicitors 1st thing monday and find out where i stand.
i really appreciate the advise, i will sign nothing, and stay until i know all of my rights.
thank you again
You will be entitled to free legal help
Contact community legal advice, because not only will they help you, they will put you in charge of solicitors who specialise in family law.
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