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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 - tomorrow is final hearing of my variation

Resolved Question:

clare - tomorrow is final hearing of my variation applicationHer solicitors just asked for consent to adjourn, threatening with application for wasted cost if i do not agree and the judge agrees tomorrowthey base request on insufficient evidence for the court to make a ruling:
1- they do not trust the documentation i gave them on my past employment and want to contact the employer directly
2- they are not happy with just the offer letter for my new job which starts on feb 1 and want to wait for the final contract (2 weeks or so)They are putting 9 conditions to me agreeing the adjournment incl continuing alimony at the (way too high) current levelCan I resist their request without worrying about a cost order?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiInteresting.How long have they has the information on your past employment?
Customer: replied 1 year ago.
For about a monthOn the new employment only since dec 31 - that is when the offer came through
Customer: replied 1 year ago.
these are all properly signed and executed contractsthey dispute the veracity without evidence, and want to contact my old employer
Expert:  Clare replied 1 year ago.
Set aside the new contract.Since you sent the other documentation have they asked your agreement for them to contact your employer or was this the first you heard of it?
Customer: replied 1 year ago.
I offered them two weeks ago to adjourn for reasons of the new employer. They came back and said we will adjourn only if you agree to us contacting the employer, you paying our cost for the final hearing, you agreeing to pay alimony at the current level - and three more conditions.I declined based on the conditions they imposed
Expert:  Clare replied 1 year ago.
Were the other three just as demanding?
Customer: replied 1 year ago.
all 81- authorise us to ask your erstwhile employers for etc
2- provide bank statements of your girlfriend (not party to proceedings!)
3- provide copies of your babk statement which were missing (trivial)
4- pay your ex €5505 which my ex claims are arrears (no support offered)
5- pay kids uni fees (I have been)
6- implement pension sharing order
7- reserve already incurred cost to postponed hearing
8 - meet all financial obligations of old consent order until next hearingNext hearing first daye after 1 june 2016
Customer: replied 1 year ago.
Also germane - I offered them literally six times during the month of december to get together and discuss the facts - at their option with or without prejudice - and they refused each time
Expert:  Clare replied 1 year ago.
And they never once made the request that they could approach your previous employers?
Customer: replied 1 year ago.
No - other than as part of the condition to adjourn
Customer: replied 1 year ago.
so,1- does their application have a chance?
2- should i be worried about an order for costs?thank you
Expert:  Clare replied 1 year ago.
I certainly think that the applictaion has a chance of success - but I cannot see any basis on which they will get an order for costs.To ask for costs when requesting an adjournment at this late point is frankly ridiculous - and the list of conditions they are attaching to their request is more so.If pushed I would say that you will agree to 1 and 3 - that you are doing 5 already and on that basis you will agree to an adjournment with no order for costsIf need be you can also politely remind the Judge that the request for permission to contact your employer (with no other conditions attached) could have been made at any time and was not.I would also ask why the lengthy delay is necessary Clare
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