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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
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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Clare My role was confirmed redundant on the 5th of

Resolved Question:

Hi Clare My role was confirmed redundant on the 5th of November , I advised my ex and the PRFC Holborn prior to a first appearance on the 16th November( this was regarding my earlier request to dismiss various orders) We attended court ( representing ourselves
) but the Judge had not looked at either of the form E's , he was also not prepared to penalise my ex ( she hadn't completed the form correctly , documents missing or had it sworn under oath ) instead he asked me "if he had a magic wand what would I like ?
". I said well as ive just lost my job ( notified to the courts 7th November ) I'd quite like you to suspend spousal maintenance and look at my chidrens maintenance as they not children ( 17 and 19 ) anymore. He then Turned to my ex and asked same question.
She said she would like this process stopped as she couldn't afford to run her home with out the money I contribute. The Judge said in times like this you need to talk to a mediator I pointed out that's why we're here as she wouldn't go to one ( please look
at form E ) I said what about school fees.? I didn't get a bonus and it states that fees should be paid from bonus I was forced to get a loan . the judge said " there are ways that you must try , contact the school or do you have a rainy day fund , ? I mean
if you weren't divorced you would find the money somewhere - you will have a redundancy payment . At this point I said " yes , I will get a package but I am now unemployed and have 2 additional children - I said this was not agreed in my court order " I said
in any event I'm advised that the respondent only has claim on my salary in lieu of notice - he looked at me and said "I cant advise you on this" . He then asked my ex if there were any questions she would like to ask. She had a long list but mainly about
my new wifes finances - this was not requested or required in the form E. He said that I need to get my new wife to detail her finances in writing to my ex wife ( seems odd ? ) He asked me if had any questions and I asked why my ex had not submitted a house
or pension valuation and why her house was down valued - he said it was not really relevant at this stage ?! It was frustrating meeting - I felt the judge was quite frankly incompetent at the end of the meeting he said that there would now be an FDR (date
to be submitted ) but in meantime we should try and use a mediator to resolve - I have asked a mediator to contact my ex again Sorry bit of a long winded summary but my questions are as follows 1. Why did the judge not dismiss spousal maintenance as I'm now
unemployed.? Whilst I I will receive a redundancy payment my ex is working yet it seems I'm still required to keep paying her the same amount and school fees ?!! 2. Am I required to disclose my ex gratia payment and does my ex have any claim on this? 3. Did
the judge follow the correct process and if not can I make a complaint ? 4. My new wife is not happy about divulging her income ( she doesn't work ) direct to my ex. As she is not allowed in court or involved In the process - The fact that the judge has not
acknowledged my 2 other children. ( 10 months and 2 years ) but inferred that I should find a way to pay for our eldest sons education is quite frankly bizarre Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
You clearly had a very frustrating day - the answers you requested
1. Because at this stage he did not have the power to do so - this was a Directions hearing
2. You do have to disclose it - but she has no claim on it other than within the Maintenance claim
3. Yes he did - albeit sloppily
4. You wife does not have to give details - but an overall picture of what income she can contribute to the household is relevant
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Thanks Clare - it would have helped if the judge had made it clear at the outset that the meeting was just a " conversation between parties " With regards ***** ***** ex-gratia payment when you say "within the maintenance claim " do you mean that if she could show that the amount is enough to cover my reasonable out goings and maintenance for her and the children for the next 6 months she could argue " pay me for the next 6 months on a monthly basis Ie as per normal "
Expert:  Clare replied 1 year ago.
Hi
Not necessarily no - however if the court is looking at discharging the Spousal maintenance altogether then they could order a final lump sum payment
Clare
Customer: replied 1 year ago.
Ok. But I assume the court would look at my overal circumstances ie job prospects , wife not working ,2 small children , my outgoings etc versus my ex wife's position ( she is working , hardly any real debt , 2 eldest children are now. 17 , 19 ) before deciding to award a lump sum to dismiss spousal maintenance claims ? And this of course would only happen at the final resolution. ? And I also assume there is no reason why I couldn't suggest a without prejudice offer/ one off payment before ( mediation) /at the FDR meeting ?
Expert:  Clare replied 1 year ago.
Yes both those statements are correct!
Customer: replied 1 year ago.
Thanks Clare that is very helpful. I will attempt to get my ex wife to attend mediation before the FDR.
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well
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