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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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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Been separated nearly 4 years from abusive ex partner, I am

Resolved Question:

Been separated nearly 4 years from abusive ex partner, I am still in the jointly owned property with our two children. Children have refused to sleep over for 18 months. Ex threatened a year ago to take me to court and seek that I pay his costs unless I paid him 35k to by him out of his share of property. I refused as had just been diagnosed with Stage 3 kidney disease, and was already bearing the brunt of all childcare responsibilities. Children have started to see him again for a total of on average 12 hours per week still no overnight stays. Ex is no stating he will only see them every other weekend, and I give you too much money so that's changing. That was the only warning I had, checked my bank account at start of the month to find he had given me £143.04 less than the £600 he has given me since our split. The £600 wasn't agreed by the courts but was agreed via our solicitors, based on his earnings of 48K. I have since had to disengage my solicitor as couldn't afford to play legal ping pong. Can my ex just alter maintenance payments like that? I have recently agreed to change from part time to part time term time so I can cover school holidays as ex would rarely and only at last minute offer the occasional days cover. This has resulted in a pay cut and at the same time ex has done this. What can you advise do I just have to accept he can do this?
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.
Were you married?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Hi Clare,

No we were not married we were together for 13 years, he did ask me to marry, but would have another angry outburst so never felt able to agree, until he had sort help for his anger issues.

The house was valued at 130k and their is about 34k to pay on the mortgage. So he was asking less than the equity, but my health concerns make me reluctant to take on further debt, and the property is in need of repair and he knew that before he left, have an email from him which states "lets borrow money on the mortgage, get married, get new car and sort the house out".

Regards Maria

Expert:  Clare replied 2 years ago.
Hi
If you cannot agree a maintenance figure with your ex then your option is to apply to the CMS (new CSA) for an assessment
The assessment will be 16% of his gross income
http://www.nacsa.co.uk/index.php/cs3-calculations
With regard to the property you cannot be force to sell until the youngest child is 18
I hope that this is of assistance - please ask if you need further details
Clare
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