I was in court on Friday. It was not good news. My ex-husband's barrister clouded alot of issues and concentrated on discrediting me and determined to prove my ability to pay, despite that it's obvious I could not pay the outstanding fees and school fees. My solicitor was ill-prepared and refused to present the evidences I'd taken with me as you advised, saying they are not relevant. It's a house in my name I bought years ago with my inheritance from my mother and placed in trust for my son at first. My ex husband asked me to take the house out of trust so he could manage it. His barrister said that if I sold it it could pay for my son's education. His barrister said he had no money but the schedule they produced were full of flaws and lies. The house is in negative equity, run down, needing repair and at riak of repossession. He made sure he ran it down, still holds the keys and has not been let since 2007. I was fruastrated as I had the evidence the judge needed, but my solicitor would not present it even when I took them out and showed during proceeding and hearing what the judge said, he still refused to present the evidence argued with the judge that they are not relevant to the case. Judge told him that prove of capital in the property was relevant. My solicitor told mehe did not do so because he believed the judge was misinterpreting the law. I believe all he has to do was too show that even if my ex husband could not afford to pay now, he has the ability to arrange his finances and pay.
1) can I appeal against the decision/order? It will not help recover the outstanding fees or arrange for the school fees. The school is not likely to accept the terms of the order from me.
2) The school sent a letter to the judge regarding the outstanding fees, that they would reconsider their position following the outcome of the court. I know the school wants to recover this money under the law of contract if I cannot. They have evidence that I cannot including this house details. Can they do this still?
3) can I ask for extension on time to prepare the form E , due to be submitted to court on 11 December. I cannot meet that date due to other evidence I need to cover.
4) or can I cancel the application to give me time and reapply later when I have got all evidence to attach?
5) Also I do not want to use the solicitor as I have no confidence in him and can I tell him i do not wish to proceed with him anymore because of this?
6) Can I make fresh application for school fees order under the children's act separately? My solictor messed up and I ended up worse off and it will affect my son seriously. I need to make an arrange for him to pay, his P60 showed he earns over £45k more than me.
I look forward to your quick reply please. Thank you.