money after seperation

[Beanmistriss]

When my boyfriend split up with his ex she couldn't afford to buy out his share of the house completly so got some money then and a court order was put in place that the house would have to be sold or re-mortgaged when his youngest child turned 18 and he would recieve the rest of his money then. The youngest child will turn 18 next year and he currently lives with us. We have just found out that the mother is pregnant, she is not together with the dad so she will be a single mum. My question is, will they still make her give the money to my boyfriend when his youngest child turns 18 or will they take the fact she has a new baby into account and will he have to wait longer? Thanks

[jedimistress]

I believe the house sale will still stand. It is up to the new father to provide and I do not believe it will have any impact on the court order. I am not a solicitor but I am conducting my partners divorce settlement. I doubt any judge would overturn the original order, especially as his eldest son actually no longer lives in the former marital home. If any changes could be made to the existing order, the they would probably be in your boyfriends favour as it is in place to provide a roof over the childrens head, and given that none of them reside at the bhouse any longer......just a thought.

I have a brilliant website you can go to for answers. www.wikidivorce.co.uk

[Beanmistriss]

Thanks jedimistriss. Thats what we thought but were a bit worried. He'll speak to his solicitor on Monday anyway. He's never persued getting his money sooner cos his daughter still lives there and though she's not classed as a child anymore he didn't want to create any more bad feeling. Just don't want to put our lives on hold forever just cos shes decided to pop out another sprog she can't afford.

[jedimistress]

I know how you feel. It's enough to put anyone off marriage.

[innocenti]

Jedimistress is correct. A new baby will not make any difference. My husband has gone to court with his ex about their house. Although she has had 2 further children (not by my hubby!) she tried to bring them into the argument for not selling the house but the judge dissmissed it as they are not my hubbys children and he doesnt have to provide a roof over their heads.

[Beanmistriss]

Thanks innocenti. Thats made me feel a bit better :)