Family Law Articles & Advice

Few of us can't have been moved by the sight of photographs of Ant McPartlin being greeted by what appeared to be his rather boisterous Labrador dog after the two of them had spent time apart following his separation from his wife, Lisa. All specialist divorce and children solicitors know the theory behind child attachment and the damage that can be done if, as a result of a separation, one parent loses touch with a child. In an age where we treat our pets as mini humans, with doggie day care, and a vast array of outfits and treats, not to mention the doggie Christmas stocking, it really isn't surprising that as an experienced Manchester divorce solicitor I am increasingly asked 'who gets the dog' as part of the divorce and financial settlement negotiations. On many occasions I have gained the impression that the dog is just as important as money considerations. Many people without pets, and some family solicitors and judges, just don't get that. In my experience sometimes a husband or wife wants the dog as a means of hurting their spouse, knowing just how important the animal is to their husband or wife, or as a means of continuing control through allowing the occasional access visit. For other couples it is a genuine dilemma with both husband and wife thinking that the dog is better off with them. So if a couple just can't reach an agreement over who should get the dog then it can be left to a judge to make a decision as to the dog’s future. The Law On Who Gets Custody Of The Dog For dog lovers it is hard to credit but when it comes to divorce and financial settlement negotiations or court proceedings a dog is treated, in legal terms, as if he or she is a piece of furniture that just happens to be a living and breathing creature. What does that mean for the dog? Well it means that a divorce judge will not be able to decide on if the dog should stay with the husband or wife based on the judge’s assessment of the spouse who is most likely to meet the dog’s physical and emotional needs in the short and long term. Factors The Court Considers When Deciding Who Gets The Dog? What the court will not be influenced by is the doleful eyes and whimper. Instead the divorce court will look at factors such as: Who paid for the dog; and Was the dog given to the other spouse as a gift; and Who has paid to look after the dog, for example paid for the daily doggie day care or the vet’s fees? Nowhere on that list is the dog’s preference if he or she could have a say or even vote with their feet. [related_posts] Using The Dog As A Bargaining Tool Using a child and threats of child custody battles as a bargaining tool in financial settlement negotiations is depreciated but as an experienced Manchester divorce and financial settlement solicitor I still see cases where the dog is being used as a powerful bargaining tool in a divorce settlement. You can imagine the conversation, ‘’ you get Rover, and I get to keep the house’’.  Some spouses feel backed into a corner knowing that if a judge had to decide who gets the dog then the judge would not find in their favour, despite the dog being better off with them. Shared Custody Of The Dog It isn't that uncommon for a spouse to offer to share the care of the dog, often in a last ditch attempt to try and reach an agreement. For some couples that arrangement might work, especially where there are children and the dog and the children follow the same shared care parenting regime. For other households sharing the care of the dog would just add to the animal’s confusion, especially if there is no consistency in the dog’s routine or diet. What Can You Do To Gain Custody? When it comes to sorting out who the dog should live with you may need a tough negotiator, a solicitor who can stand back from the emotions and guide you on your legal options and the likely prospects of success if you were to pursue a court application for the dog.

At the start of the long school summer holidays or just before children break up for their Christmas holidays I tend to get asked the question whether a father can stop a mother taking their child on holiday. A typical Cheshire children solicitor’s reply is ‘that it all depends’ and that’s not a cop out as when answering children law legal questions you need all the facts to be able to give an accurate answer. We Are Cheshire Children Law Solicitors If you need legal assistance or can't reach an agreement over custody and contact and want to make an application to court then the experienced team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today. Questions about stopping holiday contact To answer the question ‘can a father stop a mother from taking their child on holiday?’ a Cheshire children law solicitor needs to know the answer to these sort of questions: Are there any existing children court orders in relation to the child? Does the mother have a custody order (also known as a residence order or a child arrangements order); Does any existing court order state what the mother is allowed to do in relation to holidays with the child; Does the mother plan to take the child on holiday abroad and, if so, for how long? Does the mother plan to take the child on holiday in the UK, and if so, for how long; If relevant, who else will be accompanying the child on holiday (sometimes the objection to a holiday is more about mother taking her new partner on holiday with her or being joined by her partner’s children); Will the proposed holiday impact on father’s contact with the child? If so, has the mother offered alternative contact; If the holiday is abroad are there any child abduction concerns and, if so, what grounds are they based on; Have there been any previous occasions where the mother has withheld contact before or after a holiday; Are there any particular concerns about the specific holiday, for example, is the holiday destination somewhere that the Foreign Office warns UK citizens to avoid travelling to? Is the holiday destination a country that isn’t a member of the Hague Convention and there are fears of child abduction; Are there any particular concerns about the holiday dates, for example, a ski trip over the Christmas period or a holiday booking that would result in a child missing a few weeks of school; Does the child already know about the proposed holiday? Do they want to go on the holiday? [related_posts] Children law and stopping a mother from taking a child abroad on holiday If a mother has a court order saying that she is a primary carer of the child (such as a custody order, residence order or child arrangements order) then unless there are any other types of court order in place to stop foreign holidays then she will be able to take the child on holiday for a period of up to 4 weeks without first having to get the permission of the father or anyone else with parental responsibility for the child. If a father has a really genuine objection to a mother taking their child on holiday abroad they could still apply to court for a specific issue order or prohibited steps order to try and stop the holiday from taking place. The court would make a decision based on what the court thought was in the best interests of the child.   If a mother takes her child abroad on holiday without the father’s agreement or court order then she might be guilty of the offence of Child Abduction in the eyes of the Court.   Nowadays most parents don’t have a court order for custody or residence or a child arrangements order. That is because the court is normally reluctant to make a children court order unless parents can’t agree on the day to day care arrangements for their child at the time of their separation or divorce. That means if either parent wants to take the child on holiday to a foreign country they need the other parent’s agreement or a court order. It is important to put your agreement in writing so both parents know what has been agreed to.   Children law and stopping a mother from taking a child on holiday in England If a father objects to a mother taking a child on holiday in England then it is often because it will impact on their contact time with the child or the child will miss an important paternal family celebration, such as a grandparent’s ruby wedding party. If there are existing children court orders in place it may be necessary for the mother to apply to court to allow her to go on holiday with the child because, for example, the court order says father is to have contact every Saturday and she plans to go on holiday for a fortnight. Whether or not there are existing court orders in place the father could apply to court for a specific issue or prohibited steps order to stop the holiday from taking place or to ask the court for additional contact to make up for the time missed with the child during the holiday.   Should you object to a child going on holiday? That is always a difficult question for a Cheshire children solicitor to answer as so much depends on the reasons why you oppose the holiday and whether you can reach a compromise with the mother. Sometimes the fear of child abduction is such that a father has no alternative but to make a court application to stop the holiday. At other times negotiations by a Cheshire children law solicitor can sort out fair holiday and contact arrangements without needing to make a court application.

A case in the papers last week brought home to me how child abduction can devastate a family through the loss of a child. After years of battling with people who were once loved ones and trying to fight your way through a legal system to get family court orders to help you recover your child the process can be exhausting. As an experienced Manchester children law solicitor, over the years I have helped many parents in their child abduction fight to recover custody of their child. I have seen, at second hand, just what a toll child abduction can take, not only on the parent but on the extended family, such as half siblings or grandparents. What was it about the child abduction case in the media that caught my eye? It is difficult to say, maybe it was her 6 year fight for the return of her daughter or it could simply be the time of the year with shops putting up Christmas decorations and thoughts therefore turning to families and home. The Case of a Child Abducted Abroad by the Father The mother in question had left her 3 month old daughter in a cafe with the child’s father whilst she went shopping. He said that he would have a coffee but instead he abducted the child to Libya to stay with his mother. 2 years later, on the father’s return to the UK, he was sentenced and served a 4 year prison term for child abduction. Now out on license and living in the UK he says that he can’t secure the return of the little girl, who will soon be 7, as it is beyond his control. The child’s mother is making court applications in the UK for an order that the father return the child to the UK or face further prison time as well court proceedings in Libya in the hope that one of the court jurisdictions will be able to secure her daughter’s return. As a children solicitor, it is my experience of representing parents in child abduction cases that makes me listen intently when I meet a parent who wants advice about their husband, wife, former partner or extended family member wanting to take a child abroad on holiday. Some parents have half formed tentative worries about child abduction that are all too easy to only half hear and ignore the signals and others have massive concerns but without any of the trigger worries. Is there a way that you can assess whether a child is at serious risk of child abduction? Sadly, in most child abduction solicitors experience there isn't although there is always a heightened concern in cases where a parent or his extended family having links to another country, the ease with which the parent could simply disappear or if there are no real ties to the UK, such as property or a well-paid career. It simply isn't possible to put children in cages to protect them from child abduction or the other ills that they inevitably face as they grow older. I do however appreciate why so very many parents worry about their child and the risk of abduction by the other parent. It is equally understandable that some separated parents, perhaps with dual citizenship or family abroad, feel that they live under constant suspicion of child abduction and that influences their relationship with the child’s other parent. Sometimes that fear can even affect the parent - child relationship if there is a really hostile environment of fear between the parents and the child picks up on that. So if wrapping a child up in cotton wool is not a practical solution what other options are there to avoid the risk of child abduction? Any specialist Manchester children solicitor will tell you that there is no one solution but that if you have any fears about child abduction you should seek legal advice on child abduction and family court orders to protect the child , such as specific issue and prohibited steps orders , as quickly as you can to try and avoid the situation arising. If it does and the child has been taken to a Hague Convention country it certainly will be easier to locate and recover the child than to a country, such as Libya, that isn't a signatory to the Hague Convention. [related_posts]

As a Manchester divorce solicitor I get asked the question ‘do I have to pay child maintenance and the mortgage’ a lot. People want to know where they stand financially if they are contemplating a separation or divorce or are thinking about leaving the family home. Read on to find out. We Are Manchester Divorce Solicitors If you need legal advice about paying child support and the mortgage or need help with reaching a financial settlement then Manchester divorce solicitors at Evolve Family Law in Whitefield can help you. Contact us today. Paying the mortgage and child support The answer to the question ‘do I have to pay child maintenance and the mortgage’ all depends on your housing circumstances and financial position. Giving expert divorce solicitor advice depends on carrying out the right fact finding to give the correct legal answer. That is because resolving financial claims on separation or divorce is a bit like putting a jigsaw together, you can't look at one piece in isolation to the rest of the picture. Questions on child support and the mortgage To answer the question ‘do I have to pay child maintenance and the mortgage’ a Manchester divorce solicitor needs to know the answer to these sort of questions: Do you own the family home either in your sole name or jointly with your ex-partner? Are you married to your ex-partner or in a civil partnership or were you in a cohabiting relationship? Are the children your biological children or your step children? Are you named on the mortgage, either as a party to the mortgage document or as a guarantor to the mortgage? Is any member of your family a guarantor to the mortgage? Is there a cohabitation agreement or deed of trust or prenuptial agreement that sets out what should happen if you separate from your ex-partner in relation to who keeps the family home and who pays the outgoings and mortgage on the family home in the event of your separation? Have you or your ex-partner left the family home already? If so, are you paying rent and what is the amount of the rent? Is the mortgage an interest only mortgage or is it a repayment mortgage? Are there any linked endowment policies? Are you already paying child maintenance under an assessment by the child maintenance service? Are you already paying spousal maintenance to your estranged husband or wife on a voluntary basis or under a court order? How much are the mortgage payments? Would the mortgage company agree to a mortgage holiday without your credit rating being affected? How much is your rent? How much is your income and how much is your ex-partner’s income? What are your current financial commitments and essential expenditure? You can see from this long list of questions that the answer to whether you should pay both child maintenance and the mortgage isn't always straight forward. The answer will depend on the status of your relationship, the way you own the family home and your financial situation. Joint or sole ownership of the family home If you are a joint or sole owner of the family home and your name is on the mortgage deed then if the mortgage isn't paid then this could affect your credit rating. That applies whether or not you are living at the family home or have moved out. When you decide to separate or divorce it is important to maintain your credit rating as the mortgage company may not agree to the mortgage on a jointly owned family home being transferred out of joint names into one partner’s name if there are or have been mortgage arrears. Equally if you can't get the family home transferred into your ex-partner’s name and your name released from the mortgage then you may find that you can't get another mortgage company to offer you a new mortgage to buy a new property. The long term implications of souring your credit rating mean that it is essential that both you and your ex-partner think about the potential long term consequences of not agreeing who will pay the mortgage on the family home. [related_posts] Rules on child support and paying the mortgage If you are paying child support under a child maintenance service assessment you may think that your child support payments should cover the cost of the mortgage on the family home as well as gas, electricity, food for the children and their clothes. The answer depends on a number of factors: If you aren't married to the child’s parent and the family home is owned in their sole name (rather than in joint names or your name) then all you are legally obliged to pay is the child support amount. With most legal answers from a Manchester divorce solicitor there is a caveat; if you are a high earner your ex-partner could apply for top up child support from the court or they could apply to court on behalf of the child for housing help. If you are married to the child's parent and the family home is owned in their sole name (rather than in joint names or your name) then if the child support payments aren't enough to cover the mortgage payments and other household bills then your spouse or ex-spouse could apply to court for spousal maintenance . This type of maintenance can be paid on a short or long term basis. To make a decision on whether spousal maintenance should be paid the court would look at both of your incomes and reasonable outgoings and your respective needs. If you are paying child support for your child under a child maintenance service assessment but you are also paying the mortgage on the family home that you used to live in with your ex-partner then provided that your ex and the child are still living at the family home you can ask the child maintenance service to carry out a special expenses variation to reduce the amount of your child maintenance service assessment. The variation application will only work if you don't have any legal or beneficial interest in the property. What are my next steps? I have only touched on a few potential scenarios and answers to the question ‘do I have to pay child maintenance as well as the mortgage‘. It just isn't possible to give an expert answer to ‘do I have to pay child maintenance as well as the mortgage’ without all the relevant facts relating to your personal and financial circumstances. When you are looking at sorting out your finances after a separation or divorce it pays to take expert legal advice from Manchester divorce solicitors as I have often found that people either pay too much in financial support (resulting in their ex-partner being unwilling to move on and sell the family home) or too little (resulting in court applications for spousal maintenance and contested financial claims). Taking expert legal advice from a Manchester divorce solicitor will help you get the balance right in deciding whether you should pay both child support and the mortgage.

If you're wondering 'what legal rights do step parents have?', we have the answers for you here. Step parents often get bad press, stepping into already made families and having to find their role. Jigsaw relationships can get very complicated with the arrival of additional children or, for example, on the breakdown of a second marriage. It is not surprising that many step parents feel that they have a lot of the responsibility for caring for step children but few, if any, legal rights.  Sometimes it is not until a step parent is challenged that they realise that the law treats step parents differently to biological parents. That challenge can be anything from nursery staff asking if a step parent has the biological parent’s authority to collect a child from nursery or the school nurse needing the biological parent’s agreement to the immunisation of a child. These scenarios are what many step parents face on a daily basis. That can be frustrating especially when one of the biological parents could be ‘off the scene’ leaving the step parent to parent the child. So what rights does a step parent have? Who is classed as a step parent? In this day and age with so many different types of relationship many people are referred to as ‘step parents’ but legally to be considered  a ‘step parent’ you have to be married or have been married to the child’s biological parent. If you are living in a cohabiting relationship with a parent of children you are not classed as a step parent but you may still be able to ask the court to make orders in your favour provided that you are considered a significant person in the child’s life, and the court gives you permission to apply for a court order. Does a step parent automatically have parental responsibility for their step children? We all know that children say ‘you can't do that, you are not my parent’ but in some situations a step parent can acquire parental responsibility for a step child. Parental responsibility is one of those legal concepts and means that an adult (normally the biological parent) has rights and responsibilities for their child, understanding what a Parental Responsibility Agreement is goes a long way to understand your legal rights as a step parents. A step parent can get parental responsibility for a child if: A court makes a child arrangements order saying that the child should live with the step parent or with the step parent and another person, such as one of the biological parents; When a step parent adopts a step child ( this type of adoption is now uncommon); When a parental responsibility agreement is signed by all those who hold parental responsibility for the child. The people with parental responsibility for the child are normally the child’s mother and the child’s biological father providing he has met certain criteria; A court makes a parental responsibility order on the application to court by a step parent. [related_posts] What Is Step Parent ‘Parental Responsibility’? Parental responsibility is about the rights and responsibilities for a child, whether the child is biologically yours or a step child. If a step parent gets parental responsibility for a child they have exactly the same rights and responsibilities towards the child as all the other people who hold parental responsibility. No one person’s parental responsibility is more important than anyone else who has parental responsibility. If there is more than one person with parental responsibility for a child and they can’t agree on what is in a child’s best interests anyone with parental responsibility can make an application to the court to decide the question in dispute by making a specific issue order. How do you get step parent parental responsibility? If a mother agrees to a step father having parental responsibility for a child the easiest way to get parental responsibility is to fill in a parental responsibility agreement. The form records that the step father of the child is acquiring parental responsibility for the child. The stepfather will then share parental responsibility with the child’s mother. If the child’s biological father has parental responsibility he will also need to agree to the step father acquiring parental responsibility for the child.    As parental responsibility is an important legal concept the document has to be a standard agreement form and signatures have to be witnessed at your local court. Paperwork confirming the parents and child’s identity also need to be produced. Do you have to pay child support if you have parental responsibility for your step child? Whether or not you have legal parental responsibility for your step child you may be asked to financially support your step child if you separate. The financial responsibility comes from the fact that you married the child’s parent and doesn't have anything to do with the fact that you have parental responsibility for the child. The child maintenance service usually assesses how much child support should be paid for a child. However there are exceptions to this rule and in the case of step parents only a family court (and not the child maintenance service) can order that a step parent contribute financially towards their step child’s upbringing.    Do step parents have an automatic right to see a child if they separate from the child’s biological parent? A step parent doesn't have an automatic right to continue to see a step child if they separate from the biological parent of the child. Some people think that is wrong but the person may not have been a step parent for very long before the marriage broke down or the child may already have a very large and complex family structure involving contact with biological dad as well as a first step dad and the various sets of grandparents and step grandparents. For a child it can be very difficult to juggle contact with family as well as meet homework deadlines and keep up with sporting commitments and see school friends. If a step parent believes that they are significant to the child and ongoing contact with the child is opposed then the step parent can ask the court for permission to apply for a child arrangements order allowing them to see the child. A court will decide on whether the contact is in the child’s best interests. For legal help with any aspect of children law please Contact Us

Parental responsibility is one of those phrases most parents think is a bit self-evident. After all if you are a parent then you have responsibility for your child. Simple isn’t it? It is only when parents separate or divorce that the vaguely heard of legal concept of parental responsibility can become a bone of contention between parents with them not always fully appreciating what the legal concept of parental responsibility is, whether they already have it and, if not, how to get a parental responsibility agreement. What is parental responsibility? At its simplest, parental responsibility is about the rights and responsibilities for your child. Many parents sail through life without needing to know about the legal concept of parental responsibility, automatically assuming that they have the right to decide on whether their child is enrolled at a particular school and that they can make decisions on behalf of their child such as whether their son or daughter should be immunised or have a haircut. In other families life isn't as simple and they need to know where they stand on parental responsibility. Who has parental responsibility? For many parents there is no need to get a parental responsibility agreement because they already have parental responsibility. Parents who automatically have parental responsibility are: ● The child’s mother; ● The child’s father if he is married to the child’s mother; ● The adoptive parents of an adopted child; ● The child’s father if he is named as the father on the child’s birth certificate (after a certain date depending on where the child was born in the UK); ● If the child’s parents are unmarried the child’s father will have parental responsibility if he registered the child’s birth with the mother (after a certain date depending on where the registration took place in the UK). How do you get parental responsibility? If a mother agrees to a father having parental responsibility for a child the easiest way to get parental responsibility is to fill in a parental responsibility agreement. The form records that the biological father of the child is acquiring parental responsibility for the child. The father will then share parental responsibility with the child’s mother. As parental responsibility is an important legal concept the document has to be a standard agreement form and signatures have to be witnessed at your local court. Paperwork confirming the parents and child’s identity also need to be produced. [related_posts] What if parental responsibility can’t be agreed? If the child's mother and father cannot agree on whether the child’s father should have parental responsibility the father of the child can apply to court for a parental responsibility court order. The court will usually grant an application for a parental responsibility order unless there are unusual circumstances resulting in it not being in the child’s best interests for a parental responsibility order to be made. Do you have to pay child support if you have parental responsibility for your child? Whether or not you have legal parental responsibility for your biological child you are still under a financial obligation to support your child .If you cannot reach an agreement over the amount of child support that should be paid for your child an application can be made to the child maintenance service. What happens if both parents cannot agree on how they should share parental responsibility for their child? If two parents have parental responsibility for a child they share parental responsibility; neither parent has more ‘rights’ than the other. If they cannot reach an agreement over the arrangements for their child, such as: ● Should the child have a medical procedure or immunisation; ● Should the child be baptised or circumcised; ● Should the child attend a religious faith school or a boarding school Either parent can apply to court for a specific issue order for the court to decide on the issue in dispute between the parents. The court will make its decision based on what it thinks is in the best interests of the child. If a father doesn't have parental responsibility for a child by agreement or court order he is still able to apply to court for orders relating to the child, such as child arrangement or specific issue orders. For legal assistance with any aspect of children law please Contact Us.

Inheritance Tax and Leaving Your Estate To Your Spouse The late national icon, Sir Bruce Forsyth, has received some criticism from some quarters about tax planning. I dreaded to think what sort of racy or cutting edge steps Bruce Forsyth had supposedly taken to reduce the tax burden of inheritance tax payable on his death. After all, as an octogenarian with assets of about 17 million pounds and well reported views to the press on the payment of inheritance tax, it would not be surprising to learn that Bruce Forsyth had taken legal advice from an expert wills and estate planning solicitor to protect his estate from the full force of inheritance tax payable on his death. It helps to answer the question ‘How much is inheritance tax? So what was the scheme that Bruce Forsyth was accused of joining? How much inheritance tax did he pay? Was it the same or similar to the tax regimes entered into by high profile footballers and comedians that are now the focus of so much criticism and investigation? Not at all. The supposed ‘tax device’ that Bruce Forsyth had employed was to leave the vast majority of his estate to his wife, Wilnelia. Most people would not think it unusual for a husband to leave his estate to his wife but in Bruce Forsyth’s case the size of his estate and the fact that he had 6 children, with his wife being stepmother to 5 of those children, led to questions in some sectors of the media about why he had not left money to his children. The answer to that question was, of course, to protect his family and to minimise the liability of his estate to pay inheritance tax. What is inheritance tax and how much is inheritance tax? Inheritance tax is paid upon a UK-domiciled person’s death if their estate exceeds their IHT threshold (known as the nil rate band). How much inheritance tax is payable?  If a deceased’s estate amounts to in excess of the nil rate band then inheritance tax is payable    at 40% by the estate. Are there exceptions to payment of inheritance tax? There are a number of very common and popular ways for individuals to reduce the inheritance tax burden payable by the estate on the deceased’s death such as: •           Giving money away during life – known as lifetime gifting; •           Putting money into trust; •           Leaving money to charity; •           Leaving the estate to a spouse or civil partner – no tax is payable on the death of the   first spouse but tax will be payable on the death of the second spouse. There are complicated rules relating to inheritance tax planning such as rules on taper relief. The rules are also different if the deceased was not domiciled in the UK at the time of death. These tricky rules mean that it is always sensible to take professional legal advice on your Will and effective tax planning options. Leaving the estate to your spouse If you leave your estate to your spouse or civil partner then he or she will not pay inheritance tax on the bequest - even if the gift is in excess of the inheritance tax nil band rate. Sir Bruce Forsyth left his estate to his wife, Wilnelia. On the face of things that may seem odd given his wealth of about 17 million. However by leaving his estate to his wife no inheritance tax is payable. It is reported that in addition to the will (which is a public document after probate has been granted) a Letter of Wishes was also prepared to accompany the will. Sometimes Letters of Wishes are left because despite leaving the estate to a spouse the deceased wants his spouse to give money to their children or others. As the Letter of Wishes is private, the media do not know what the Letter of Wishes says. Bruce Forsyth could have asked for specific gifts to be made to his family and friends in this document or the Letter could have simply provided guidance on the sorts of things he wanted his wife to consider if she chose to give some of his wealth away. What is a Letter of Wishes? When planning for the future, it is common to think about what you would like to leave family and friends in your will, it helps people to answer the worry of how much inheritance tax will be. However, there may be things that you would like to say to people after death or gifts that you would like to make but only on a confidential private basis. A Letter of Wishes is a separate document to your will, but is typically stored alongside it so that it can be communicated to the right people after your death. A Letter of Wishes is not legally binding and does not carry the same legal force of a will. Therefore there is no guarantee that if you ask an executor of your will to do something in the Letter of Wishes or ask your spouse to give some of the inheritance left in the will to him or her that they will follow the instructions. That is why it is important that you carefully select your estate planning options and how they might work within your own family as well as carefully choosing the executors of your will. The content of a Letter of Wishes is as individual as the deceased. The Letter of Wishes is signed by the deceased setting out whatever the deceased wants to communicate to their executors or family members. A will becomes a public document if it goes to probate after the deceased’s death. A Letter of Wishes is a separate private document that remains confidential and not available for everyone to pursue. Many probate solicitors recommend the use of a Letter of Wishes to accompany a will so that the Letter of Wishes can be reviewed and changed without necessarily having to change the contents of the will. It is however always sensible to speak to your will and estate planning solicitor to check if any changes should be made to your will, especially if there are any significant life events (such as the arrival of grandchildren ) or a major change in assets. Wills and leaving your estate to your spouse The decision to leave your entire estate to a spouse has to be carefully considered as it is not the right option for every family. If your wealth is not great it may be the case that your spouse will need all the estate. However if you are wealthy and your estate is likely to exceed your spouse’s lifetime needs then family relationships are a key consideration when deciding whether to leave all your estate to a spouse. Bruce Forsyth’s wife has always been reported as having a very close and loving relationship with her step children. That means that Sir Bruce Forsyth presumably had confidence that his wife would act on the Letter of Wishes that accompanied his will. Sadly that is not the case in all families as a spouse may not have a good relationship with his or her own children or stepchildren or the spouse might chose to remarry. That is why it is so important to balance the benefits of inheritance tax planning by leaving your estate to your spouse with the realities of the size of your estate and your individual family circumstances. Contact Us Today For Inheritance Advice

Many are unsure as to what child maintenance covers; it is defined by the government as being the ‘financial support towards your child’s everyday living costs when you’ve separated from the other parent’. Should you have a good relationship with the other parent, you may be able to privately agree a ‘family-based arrangement’ between yourselves. If this is not possible, you will need to get the Child Maintenance Service involved. We Are Manchester Child Support Solicitors If you are worried about paying or receiving child support or need help with reaching a financial settlement after your separation or divorce then the Manchester divorce and child support solicitors at Evolve Family Law in Whitefield can help you. Contact us today. Child support and shared care of the children If you have a shared parenting arrangement (the child spends the same number of nights with each parent), neither of you is obliged to pay child maintenance, even if one parent has a higher income or fewer outgoings. Have a look at our blog who pays child maintenance when you share custody for more information. What does child maintenance cover? At its simplest, child maintenance is about providing your child with the food, clothes and home that they need to thrive and enjoy the best possible start in life. Ultimately, it is up to the parent with primary care responsibilities as to how the money is spent. Child support is the legal minimum that a parent must contribute to the upbringing of their child, although they can certainly pay more should they wish. Grounds to challenge a child support assessment There are four grounds to apply for variation of child maintenance payments which are: Assets over £65,000; Income not taken into account; Diversion of income; Lifestyle inconsistent with declared income   You can read more about challenging child support in our blog ‘How To Vary Child Maintenance Payments‘.   Who is a child for child support? Child maintenance covers a child under the age of 16, and those aged 16-19 who are in full-time education and have never been married or in a civil partnership.   What is not covered by child support? As part of any child maintenance obligations under Child Maintenance Service rules, a parent is not expected to financially support any step-children. Nor is a parent obliged to contribute to private school fees. If these are a concern, the court can intervene separately if a court application is made by a parent as those decisions will not fall under the umbrella of child maintenance. When there are financial constraints, child maintenance will always be prioritised over school fees. [related_posts] How is child maintenance calculated? When a family based-agreement cannot be reached, it is up to the Child Maintenance Service to determine the size of child support payment. The agency does so by following a set method and mathematical formula.   HMRC will provide the Child Maintenance Service with the paying parent’s gross income and establish whether or not they are receiving any benefits. Any pensin scheme payments are also taken into account. Additional considerations include whether or not the paying parent needs to financially support any other children, and how many nights the child is expected to spend with them. This information then affects the rate applied to give the final payment. This assessed child maintenance figure is broken down into a weekly amount.   Should the paying parent’s gross income exceed £156,000, the court can order additional child maintenance to be paid in accordance with the child’s needs. Online calculators are available which use the CMS methodology to provide you with a rough indication of the required amount of child maintenance.   What is the Child Maintenance Service? The Child Maintenance Service is a government agency who oversees the payment of child maintenance, assessing how much an individual needs to pay and enforcing that decision if they don’t meet their payments. The agency reviews the level of payment on an annual basis and whenever they’re notified about a significant change in the paying parent’s circumstances. The Child Maintenance Service can also assist with locating an absent parent and has procedures in place where parentage is disputed.