Inheritance And Child Maintenance

[Yorkie580]

I am divorced with two young children (6 and 7). The divorce was a clean brreak but I pay (happily) child maintenance. My parents are suffering from ill health and are re-writing their wills.

At the moment, half of their estate will go to me, but they are concerned that my ex-wife would have claim against it.

I'm fairly confident that she couldn't claim personally, but what about on behalf of the kids?

Let me make it clear that I don;t begrudge any money to the girls and they will have everything they need and most of what they want (within reason), but I do begrudge giving extra money to my ex who will spend it on luxuries and

[Yorkie580]

....pressed the wrong button. Luxuries and unnecessary purchases (recent example being buying a new bike because the tyre was flat).

[Peter Pedant]

well the good news is that we have retd will-writer who used to do it for a living and also a chancery lawyer who shakes off the wig powder every now and then looks in

but as a fella who lives at thee bottom of the garden
your parents their grandparents have no duty to leave money to their grandchildren

and if it is a clean break then the money you get from Mum and Dad is not claimable by your ex - altho... is maintenance dependent on income ? she may have a back door via that. ( not income but capital even tho')

so I say no - but I would be interested in what the people who know their stuff say

[atalanta]

The decree absolute should not have been granted unless each (former) spouse had signed a document declaring that all financial claims on each other have ceased. (Child support is a different matter, of course. )
Check your divorce papers to see you have this document.

[Peter Pedant]

well I was thinking even in a clean break

can the ex wife claim more child maintenance as a result of a capital gain ?

[Yorkie580]

The clean break in terms of spousal maintenance isn't an issue... just worried about child maintenance claims...

[thugulike]

Surely the inheritance is yours and your children would only have a claim when you die