I would be very grateful for views on my rights. My ex husband went bankrupt last October. We were divorced (amicably) in January and continue to live in the same house. I even manage my ex's income because up till recently he had no bank acount. I have no income as I am not able to work due to a medical condition although can drive. Married for 30+ years and our bargain was that I brought up our 3 children and looked after the home etc. My ex wants me to have all my living expenses out of his income. However my ex's trustee in bankruptcy will not allow my ex to pay anything toward my car expenses. In fact the trustee is questioning why my ex is paying all my living expenses. The divorce court odered my husband to pay the costs of the divorce but made no order for financial provision because of my husband's bankruptcy. Surely as his dependent I have the right of support?
as I see it you are in no different a situation than if your ex husband had divorced and set up home with a new partner and his 3 children. Ok the situation as it is may be unusual but so what. If your husband had the 3 children living with him following the divorce and he was in full time employ then the cost to have a live in "nanny" plus a live in "au pair", or failing that full time child care for 3, would far outweigh any cost he may be bearing on your part. In that sense he's surely done the sensible thing from a financial viewpoint. That's not to mention the benefit to your children by having this arrangement as they have 2 loving parents living under the same roof.
In which case there is no reason why your ex husbands income should not cover the essential expenditure of all 5 of you. Your problem is as you do not work the costs of running your car are not seen as essential.
reading the original post again I believe you my be right RHB. Nevertheless the priciple remains, if the ex were living with a new partner who did not have an income of their own and was therefore supported by him there wouldn't be a problem.
Rights of ex-wife
Posted - 05 April 2009 : 12:53:18
