I’d be interested in your perspective on this following settlement proposal.
2 children. 16 and 19. The 16 year old is in full time education. 19 year old is at uni.
My income has reduced from March from £100k gross (self employed) to zero as my contract of employment has ended. I have been unsuccessful finding a new job / contract. My ex husband earns £60k per annum
House has sold. £1,2m is currently sitting in a solicitor account pending settlement. This is from the family home sale. There is no mortgage outstanding.
I have £20k in savings which is for my self employed expenses tax etc so should be excluded from calculations
We keep our own cars and jewellery
We each get 50% of the proceeds from the sale of the house
Child maintenance as per cms calculation to the resident parent (me) £550 per month
As I am not working £1000 per month spousal maintenance. I am willing to take this as a lump sum and have suggested £18,000 is paid to me in a lump sum from the equity of the house as this may be more affordable for my ex and this gives me time to find another position. I am the resident parent. My ex is staying with family but said they will rent a home for them and the 16 year old if I no longer want to be the resident parent, it is not fair that I pay rent and they do not.
In respect of the 19 year old’s university expenses £400 per month should be paid to me to cover these until the degree ends. When the 16 year old leaves school and starts university cms will cease and £400 per month payable after to cover university costs.
I should be paid 50% of the difference in pension CETV rather than go to the expense of actuary report meaning £85k to be paid into a pension in my name via pension sharing order)
This is based on legal advice I have received but it has not been received positively, my ex says that the monthly £550 CMS, £400 uni costs and £1000 spousal maintenance is over 2/3 of their monthly salary and they could not house and maintain themselves on this basis.
Furthermore they say that when the proceeds from house sale are released they will be able to buy a property and will no longer pay the cms amount as the agreement is that both children will have a home with both parents on the basis of splitting their time between parents on an equal basis. Therefore we have equal housing needs.
I have now said that I will go to court and make an application. Do you think a judge is likely to agree with me?