How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I am divorced. Decree Abs was pronounced Nov 2011. I live in

Customer Question

I am divorced. Decree Abs was pronounced Nov 2011. I live in the matrimonial home with two children of the family aged 9 and 10. My ex husband lives in rented accommodation with the eldest child of the family aged 16. The house is mortgaged, the mortgage is due to be repaid in August. My ex husband is self employed, I have no idea of what he earns, as far as I know he hasn't done his books since 2006. Until recently he was paying the mortgage on the property, but not paying maintenance, this sum is approx £290 per month. The eldest child has only in the last month gone to live with him. He didn't pay me a penny in September, December or February and I still had to make the mortgage payments. This has left me in considerable debt. We are trying to sort out the property through a Consent order, whereby he gets all the endowments, I re-mortgage and pay him a lump sum as well, however I can't afford to meet the mortgage payments if he doesn't pay me the £100 per child per month as agreed. He doesn't answer any of the phone calls or texts that I send him and if I ask anything in front of the children he is verbally abusive. What I would like to know is how is the best way to get maintenance out of a self employed person and whether as he has the eldest child with him he can now try and get a greater share. He is getting 55k, the house has been valued at 170 (which is an over estimate as it is very tatty and needs lots doing to it). It needs rewiring and he is an electrician!!!! Is selling the house the best way to go? Would he demand more of the equity? Really in a quandry as without his maintenance I am up a gum tree. Would appreciate a bit of advice. My Solicitor says that without knowing his income I have to sign a disclaimer as he cannot advise me as to what is a good deal and what is not. I happen to know that he works continually and has a good name for himself and can charge about £30 per hour. I, however, work part time and claim working tax credit and child tax credit. Please help!!!
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
What is the realistic value of the property and how much is actually still outstanding on the mortgage?
How much are the endowments worth?
How much did he usually earn when you were together?
Claire
Customer: replied 3 years ago.

Realistic value about 160 to 170, though more likely to be nearer the 160 as quite tatty and needs money spending. 52 approx outstanding on mortgage. Endowments worth approx 37k, with me paying him the balance to make it to 55k. When we were together he said to me most years he earned 23k (I asked this for tax credit renewal purposes). However they said that there was an overpayment to me and I had to pay money back, I cant remember how much now though.

Expert:  Clare replied 3 years ago.
Hi
He has done tax returns then?
Claire
Customer: replied 3 years ago.

Not as far as I know. He went self employed March 2006 and the tax man has been on his back ever since. He left the matrimonial home in Feb 2011 and hadn't then. He tells me he owes the tax man thousands, but I have not seen any evidence and he is very cagey about money matters. He threatened me with the tax man taking the house and making me and the children homeless. So in answer to your question, I really don't know!!! Sorry.

Customer: replied 3 years ago.

Not as far as I know. Sorry my computer decided to log out of it's own accord. Not sure if you got the answer I gave earlier.

Expert:  Clare replied 3 years ago.
Hi
Is your 16 year old still in full time education?
Claire
Customer: replied 3 years ago.

Yes, she leaves secondary in June then is going to Sixth Form for A levels.

Expert:  Clare replied 3 years ago.
Hi
The only method by which you can apply for maintenance is via the CSA I am afraid.
I agree that it is harder when the other parent is self employed but sadly there is no other option available to you.
You will have to pay maintenance for the eldest child as well - but obviously it will be less that he has to pay you
You may wish to poiint out to him that unless you can prove that you have sufficient income you will not be able to raise the mortgage to pay him off
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)