The daughter is with me full time. Only seeing her mother occasionally.(An hour a month roughly)
The Order stated that I kept the house till I died. At which point my ex wife would get 65% of the sale value or £61,000 whichever were the greater. I had to give her £2000 cash (done) and every CSA payment I received £126 54p monthly, I was to return to her. So now she contributes nothing to her daughter's maintenance.
This was to achieve 'equality' I believe. But it leaves me with only £40 a month more to look after the child than my ex earns just for herself.
I am concerned that if I die shortly my ex will get the 65% and that seems unfair and that it will put my daughter(maybe still a minor) at risk. I have nominated my 24 year old son who lives with us as her Guardian in my Will. Also were I to sell the home in the next few years instead the 65% seems excessive as it was only based on the ex waiting for a long time (till I die) Can the Order be varied to take these facts into account?
Yes there was a full Financial Remedy Hearing with a Judge.
The Applicant had a Barrister, I was an LIP. At the end, after a break, the Judge gave her decision. I have yet to get the Judge's transcript.
But from what I remember it was to create, as far as possible, a position of ' financial equality', between the parties. Since there were minimal assets, the FH being the only one and not worth dividing as this would render both homeless. So as Respondent and parent/carer I got the home under a Martin Order ,till I die. Then the ex would get 65%. Its these two points , an early sale or an early death that concern me since they would give a high percentage earlier that predicted on death. Can a variation be requested if either of these two seem likely? If it is possible how do I go about getting it? Cost and Procedures.
By stopping the CSA Child maintenance or in reality, I get it and give it back again, the justification was to balance our incomes to be about equal. Putting us on a level playing field I guess. That's all I know. Grounds for appeal?
We both gave oral evidence. We both were questioned. We both produced up to date financial summaries. However due to my inexperience and the Applicant's Solicitor not putting late paperwork from me into the bundle some of my evidence was not heard. I did submit a supplementary bundle but it was not used. The Judge only allowed matters to be heard that were in the Bundle. Due to the hearing being allocated four hours it was inevitably a hurried hearing. I am however not keen to appeal as I stand the risk of not getting the Martin Order and that was my priority. Its the two items I mention that concern me mainly and the fact that now I am financially disadvantaged by the removal of CSA.
OK thank you very much. I'm wondering if it would be contempt of court to have the CSA payment cancelled and reapply for it.
As I said I don't wish to appeal, as I stand the risk of the Martin Order being lost. I will apply for the Transcript today. As I am sure you are aware there is a huge delay in them being sent out in the Courts here. With the Courts being overwhelmed by , they claim, people like me, LIP's