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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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, I had a court order made in nov 2013, my ex was ordered

Customer Question

Hi, I had a court order made in nov 2013, my ex was ordered to pay me a lump sum, global spousal maintanance and I was awarded 4 properties that were all jointly owned, 3 being rental and the forth the marital home, under the order I would sell the marital home and use the proceeds to buy and downsize.
Problem being I ended up having to enforce the order of which I waited 18 months for my lump sum and my ex has taken me back to court to vary the maintance, he is currently paying 1480 less a month than he should, due to legal bills my ex not paying and him messing our credit up I cannot get another mortgage.
The order is on my house but my mortgage is low and it will cost me more than double to rent.
My ex has businesses but is claiming he is earning nothing. He is earning high amounts but hiding most. He has a property, that he only uses when he has our children, the rest of the time lives with his partner.
I have since had a debt that he has run up from a business partnership account that although a signature on I was not party to any dealings, the bank are coming at me for the 20k.
Please could I have some advice, as I am about to spend thousands again to get where?
Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much are the properties worth and how much is outstanding on the mortgages?
Clare
Customer: replied 2 years ago.
Hi Claire,
Thank you for your response!
The matrimonial home is worth 350,000 with mortgage of around 215,000, my payments are low at 440 a month.
Rental 1- 95k owing around 115k
Rental 2- 91k owing around 112k
Rental 3- 85k owing around 66k
I obviously get income from these each month after agencies of around 1,200 a month.
Any more info needed please ask.
Kindest regards
Anna Tromans
Customer: replied 2 years ago.
Cont...
My maintanance should be 1,500 a month he is paying 20 a month!!
My lump sum was 39k that's all gone on debt, and I owe 13,500 to legal aid with an order on the house . Also, around 2k again now to my solicitor, I have already spent around 15k with her.
Credit cards run up again since paying them off as he has cost me in court costs and lack of maintance.
I'm worried I will not be able to rent due to poor credit, and as I mentioned it will cost me more than double to do so.
Anna
Expert:  Clare replied 2 years ago.
Hi
How old are the children?
What steps have you taken to enforce the maintenance Order?
Clare
Customer: replied 2 years ago.
My daughter is 8yrs old, and my son is 6 yrs!
I was told back in Dec when I won the enforcement and received my lump sum, by my solicitor there was a process and that my ex would be putting a variation order in for the maintanance, I said at the time, why can we not enforce, and she said there is a process, of which I still cannot understand why we haven't enforced, and now I'm paying for him to take me back for the final hearing on the variation in June, when he's lost appeal everything but still I haven't got my money and I'm hemraging money by the day.
I now have to fill in another form ec2 and disclose everything even though he owes ready for final hearing in June.
Thanks. claire
Expert:  Clare replied 2 years ago.
Hi
For clarity - this was not a Consent Order - it was an order made after the Court considered the matter fully - is that correct?
Clare
Customer: replied 2 years ago.
This was an order
Thanks
Expert:  Clare replied 2 years ago.
Hi
So you are to receive all the proceeds of sale from the matrimonial home.
You were also awarded spouse maintenance and child maintenance
He has now reduced the spouse maintenance?
Clare
Customer: replied 2 years ago.
Hi,
I was awarded all the equity from matrimonial home, yes!
The maintanance was awarded fully as spousal for the rest of my life. So he couldn't go through the csa.
He has taken spin himself to pay me £22 only, and has never paid me full 1,500.
Anna
Expert:  Clare replied 2 years ago.
Hi
What steps did you take to enforce the maintenance order?
Clare
Customer: replied 2 years ago.
I haven't I was advised to!
my ex had put a variation order in, and my solicitor hasn't advised, is just basically let this happen.
Expert:  Clare replied 2 years ago.
Hi
How much are the arrears?
Clare
Customer: replied 2 years ago.
I'm not sure some arreas payments were worked Into the lump sum back in dec. Roughly from memory 3ishk
Expert:  Clare replied 2 years ago.
Hi
Sorry - i am a little confused - were some of the maintenance arrears dealt with in december?
How did that come about?
Clare
Customer: replied 2 years ago.
some of the areas was built into the 30k maintance as offset. I can tell you exactly but haven't got paperwork with me, at the moment.
Expert:  Clare replied 2 years ago.
Hi
Sorry - what I mean is how much are the current maintenance arrears?
Clare
Customer: replied 2 years ago.
Looking at the paperwork now he paid areas up until June 14, of 5k which was built into the 30k, so july14 until April 15, based on what he's paid, as some months he paid 650, again roughly but fairly accurate, we are looking at 5,200 in arreas to date.
Expert:  Clare replied 2 years ago.
Hi
I assume that the purpose of the Order for sale is that your ex is released from the mortgage?
Clare
Customer: replied 2 years ago.
He can't be released from the mortgage as it was in arreas until Dec14. The judge ordered only for the properties to be transferred into my sole name of which again cannot happen yet due to arreas and criteria. I have tried but it's a no go at the moment. Although, he can't get a mortgage either due to bad credit and he also already owns a property in his sole name .
Expert:  Clare replied 2 years ago.
Hi
Sorry - i meant that the purpose of the Order for sale was so that your ex was released form the mortgage on the matrimonial home?
Clare
Customer: replied 2 years ago.
Well, the order does not say so other than the legal aid order!
It also says to sell to enable me to have a small mortgage and use the equity to purchase my own property. It does not mention ex to come off mortgage. Only on 3 rental properties, it days to try and endever this to happen.
Expert:  Clare replied 2 years ago.
Hi
What is the exact wording regarding the sale of he matrimonial home?
Clare
Customer: replied 2 years ago.
The parties former matrimonial home.... Address.... Shall be sold forthwith upon the open market, and the consequential provisions shall apply:
Property sold at agreed price of both parties
Offered for sale my agents agreed by both parties
Conveyancing solicitors agreed by both parties
Joint conduct of sale
Upon completion proceeds applied to mortgage account
Payment of balance to applicant
Expert:  Clare replied 2 years ago.
Hi
In that case I suggest that you apply to vary the Order in the light of his application to vary the maintenance to make your housing costs achievable
You have a viable case in the circumstances and it allows you to prioritise the housing needs of the children.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Claire,
Thank you for that!
Yes, I will do that.
Can I ask you your opinion I am considering telling my solicitor that I'm not going to court regarding maintance as I really have had enough and due to costs, cannot justify more money to this. Where would I stand?
Thanks Anna
Expert:  Clare replied 2 years ago.
I thought your ex had applied to vary - is that not correct?
Clare
Customer: replied 2 years ago.
Yes, but it's costing me to go to court, and I'm not happy im now having to fill in another form e, and the outcome is who knows if he's claiming he has nothing, do you think the judge will vary the maintance considerably?
Is it not worth me saying forget the maintanance and just apply to vary the Order on the house?
Expert:  Clare replied 2 years ago.
Hi
You could certainly offer to discuss terms using Family mediation but if your ex will not agree then you have no choice but to continue - but you can deal with it yourself if you wish
Clare
Customer: replied 2 years ago.
Ok!
Thank you for your help Claire. Really appreciate it.
In your opinion do you think it could go in his favour with the maintanance and be varied considerably. Surely, it's not going to look good paying 20 a month?
Expert:  Clare replied 2 years ago.
Hi
From what you have said he will NOT find the court sympathetic and you may well get your variation AND the maintenance!
Clare
Customer: replied 2 years ago.
Ok.
Can he keep going back to vary the order with app after app?
Expert:  Clare replied 2 years ago.
Hi
He can try - but unless he has good reason for an application costs will be awarded against him and he may discover that maintenance can be varied up as well as down!
Clare
Customer: replied 2 years ago.
Thank you!
When variation awarded either way, would it still possibly go to enforcement?
Expert:  Clare replied 2 years ago.
Hi
As part of the Variation application the issue of the arrears will be dealt with
Clare
Customer: replied 2 years ago.
Thank you!
Appreciate all your help.
Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Claire,
You helped me a couple of weeks ago, with my ongoing financial proceding.
Can I just run something by you?
I am currently sorting my bank statements out to be sent to court along with my form EC2.... For the varying of maintanance app my ex has applied for ready for the final hearing.
Where do I stand with there are entries paid out of which I really think is so unfair I have to show under the circumstances seeing as my ex owes me money and is a complete control freak he will know my every move from these statements even though we are divorced and the orders were made for finances 2 years ago! My ex deals in cash so he hasn't listed anything personal.
Can you please help with any solution?
Thank you Anna
Expert:  Clare replied 2 years ago.
Hi Anna
Do you mean he will see where you shop etc?
Clare
Customer: replied 2 years ago.
Hi Claire,
Thanks for response!
Yes, everything my life basically.
My ex is a nightmare, and I do not want him seeing things like where I go to the gym etc. I haven't a problem in showing amounts it's just certain personal things.
Thanks
Expert:  Clare replied 2 years ago.
Hi
In that case welcome to the world of "redaction" - just like the Secret service does.
A Nice black pen to take all the identification details out - then copy it so that it cannot be held to the light!
Clare
Customer: replied 2 years ago.
Thank you Claire.
Will it not pick up on how the money totals don't add up
Thanks
Expert:  Clare replied 2 years ago.
Hi
You do not redact the amount s- just the details
Clare
Customer: replied 2 years ago.
Thank you Claire
Expert:  Clare replied 2 years ago.
Hi
You are most welcome
Clare