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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33296
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 have just explained the problem and paid but have had no

Customer Question

I have just explained the problem and paid but have had no reply
Submitted: 10 months ago.
Category: Family Law
Expert:  Jo C. replied 10 months ago.
-Could you explain your situation a little more?
Customer: replied 10 months ago.
after a final hearing in july my ex has written via lawyer that he will not pay any of the maintenance, spousal or child, until the house is sold. He is paying the mortgage and a few bills. He has refused until this week to even put the house on the market, and refuses to give copies of the bills (in his name). He has also refused to give money the judge said he should pay me as 50% of some american shares he owns. He has in effect changed what the judge said and has not signed the consent order.
He also said in court that other uk shares he owns were only worth what he paid (200k) when in November there was uk press coverage that the business is likely to be sold, in which case he receives about 7 - 10 times what they were valued at.
The judge gave him all the UK shares and accepted their 200k valuation as the business was not sold at that time. He denies it is up for sale, and has written via lawyer that he woud not know anyway as minority share holder. He is the CEO, and his long term girlfriend is a director of the business which owns his company.
Customer: replied 10 months ago.
suggestions?
Expert:  Jo C. replied 10 months ago.
Not my area then I am afraid.
I will opt out for others.
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhat Order was actually made last July?
Customer: replied 10 months ago.
A 3 day final hearing re divorce. However it has since then been bounced between the two sets of solicitors as the judge gave no trigger dates re maintenance payments, and my ex is insisting he will not do anything she said until after the family house is sold. Neither of us has signed this consent order.
He refused to put the house on the market until this week. He refuses to put the holiday home on the market .
He refuses to give me my portion of marital shares etc etc. He is trying to add a paragraph which says I have to have re-trained and got a job by dec 2106 none of which is what the judge said.
Expert:  Clare replied 10 months ago.
Hi
What were the actual Heads of Agreement?
Clare
Customer: replied 10 months ago.
sorry I don't klnow what you mean? We had a ruling by the judge on the final day in court. However this was not signed and she put no trigger dates in for anything other than the house and holiday home to be put on the market asap.
She ruled an amount for maintenance which is not being paid. He is paying the mortgage and off setting everything he should pay me against it etc etc. This consent order was drafted by solicitors and is still not signed as my ex has interpreted what the judge said to suit himself.In effect he has made me pay his mortgage while refusing to put the house on the market.
Expert:  Clare replied 10 months ago.
Hi
Why was the Order not written out by the lawyers and submitted to the court for sealing?
Clare
Customer: replied 10 months ago.
because my ex has interpreted what the judge said differently. The judge did not give trigger dates for maintenance payments, she said he should pay a roofing allowance for son who as gone to uni (he says as he is paying the mortgage he will not do that ), he has written in a paragraph saying I have to get a job, not what the judge said. He is basically wriggling out of paying maintenance. He is off setting all money he should be paying me against our family home and refusing to give copies of bills (in his name). He is paying £400 /month less than it should be, as I have old bills, plus in effect I am paying the mortgage for him as it is in both our names. Until last week he refused to put the house on the market even though the judge said it should be sold last August.
Expert:  Clare replied 10 months ago.
HI
Did you both have lawyers at the hearing?
Clare
Customer: replied 10 months ago.
yes . I am amazed this can happen
Expert:  Clare replied 10 months ago.
Hi
I am more than amazed I am appalled.
The lawyers should have prepared the Order following the hearing - have they not done so?
Clare
Customer: replied 10 months ago.
They have not done so and have generated yet more fees in the process with letters going back and forth. I don't undertsand why the judge did not put trigger dates in? She said I should get spousal maintenance. and child maintenance and a roofing allowance for my uni eldest son.
My ex has off set everything against the house refusing to pay any more, and refusing to sell the house (until last week). So he has paid the mortgage (he has liability for half anyway) and a few utility bills( while refusing to give copies of what he does pay). I have opened his post (he left 4 years ago) so I know he is roughly £400 / month down on what he should be paying even if you are allowed to do this. However at no time did the judge say he could.. His gross earnings are £344,000k. plus his family pay over half the school fees for the 2 still at school.
Expert:  Clare replied 10 months ago.
Hi
What has you solicitor said about the mess (which is partly of his/her making)
Clare
Customer: replied 10 months ago.
He has just suggested writing bk to the judge and also since the hearing in july there is now the press coverage re potential company sale ( hence gbk shares worth a lot more than 200k, but ex denies a/ its for sale and b/ he would know ( he is ceo. He also said in court he was norhing to do with a new venture , dynamo, yet he became a director early sept ( hearing v end july), . First restaurant opened nov. He must hv invested funds. Solicitor written to barrister yet still waiting for response. Your views would be appreciated. I am sick of it and am shocked that a final hearing is no such thing
Expert:  Clare replied 10 months ago.
This is indeed ridiculous - have you asked the solicitor why this was not resolved on the day?(I do have some suggestions but I am intrigued as to how this happened at all
Customer: replied 10 months ago.
I was told " oh this is quite normal, the judge gives a ruling, and then it gets written up and interpreted by the solicitors". I have the judge's transcript and I cannot see how he can do what he is doing off -setting everything. In effect I am paying HIS mortgage and he pays whatever bills he chooses.
Customer: replied 10 months ago.
It has cost me thousands since the hearing and now we are supposed to be writing back to the judge.
Expert:  Clare replied 9 months ago.
Hi
Did you say that you have the transcript - can you give me the wording of the Order part?
Clare
Customer: replied 9 months ago.
MR
TTIE
MR
TI{E
MR
TIIE
MR
THE
MR
TIIE
MR
THE
MR
THE
MR
MR
T}IE
MR
THE
MR
home post rmiversity because they cannot afford to live elsewhere, a roofing allowance
whilst at uuiversity is not unreasonable and in my vieur is part of the cost of
maintaining tle children.
shall pay.a roofing allowailce to the wife pel
completion of university education to fust degree.
OLIVER: Madam, w"p may have both missed it but on ttre spousal maintenance I did
not hear a conclusion on the final figure. I inferred it was L24,000 ayeaL
DISTRICT JIIDGE:
OLMER: Sorry, I inferredthat.
DISTRICT JLIDGE: Yes.
OLIVER: Thankyou, madam.
DISTRICT JTIDGE: Sorry, yes, fl24,000.
OLMER: And finally in relation to the temrs for the purpose of drafting-
DISTRICT JUDGE: 65, joint lives, death.
OLMER: 65.
DISTRICT JIIDGE; 65.
OLIVER: 28(ii(a) with or without?
DISTRICT JIIDGE: Your proposal was without, was it not?
OLIVER: S/as with.
DISTRICT JLIDGE: Was with, withthen.
OLIVER: Fine, thank you. [Pause] My leamed friendwas just checking we have got
the same note.
KENNY: Just confirming the child maiatenance.
DISTRICT JUDGE: Child maintenance order-
OLIVER: Was 2-
DISTRICT JUDGE: 30,000 for a1l three children reducing to 2O000 for two, so the
wife's fi.gure for all three, in faot, 2,500 but the husband's figrre for the two.
OLIVER: It is 10,000 per anfiIm per child. Yes, because it was 30, goes to 20 and
then you divided the 20 equally between tLe last two which the orly thing I would
Customer: replied 9 months ago.
There was no comment made about when it kicks in etc. He is saying as he pays the mortgage and the edf bill he is covering the amount which a/ is un true and also he has refused to put the house on the market
Expert:  Clare replied 9 months ago.
I am sorry - which court was this in?
Customer: replied 9 months ago.
The family court in Holborn
Expert:  Clare replied 9 months ago.
Which part of the Uk are you in?
Customer: replied 9 months ago.
london
Expert:  Clare replied 9 months ago.
Hi
So all the figures are in pounds that is fine
Who currently lives in the property and who pays the bills on it
Clare
Customer: replied 9 months ago.
I live in the marital home. He pays the mortgage and the EDF bills and council tax ( until April).
These add up to less than the maintenance order by about £400 / month.
He is in effect off- setting the amount he should pay me , for the house. He is also on the mortgage.
The house has gone up in value (we think, its now on the market - finally). So he will get half of that up-lift when sold.
Am I right, in that I am in effect paying his mortgage for him of £1,300 / month?
Expert:  Clare replied 9 months ago.
Ok that is helpfulWhat did the transcript say about the sale?
Customer: replied 9 months ago.
It said the house and the holiday home should be put on the market immediately (august)
Customer: replied 9 months ago.
He has refused saying he will not until I sign the consent order with his interpretation on it.At no point was the sale of either property in question
Expert:  Clare replied 9 months ago.
RightSo there was a clear order for sale - and a time was placed on itThere are figures given for maintenance - and whilst it is possibly ambiguous there is no reason why you shoudl not take over the outgoing if he paid you the agreed maintenance is that correct?Has an Order been produced by either lawyer?
Customer: replied 9 months ago.
Yes they have both written their version, but i actually think there is stuff missing off mine . Eg is it normal to ask for tax returns in future? What i would ideally like is a totally clean break. As his v wealthy mother died in jan, can i ask for my maintenance as s lump sum as otherwise i just have no faith he will ever give it to me
Expert:  Clare replied 9 months ago.
The Order should reflect what the Judge actually said - not anything new.Where do the two drafts not agree?
Customer: replied 9 months ago.
he has basically said: He will not give me 72k he is supposed to until the house is sold, he will not pay me any maintenance or roofing allowance until the house is sold, and he added that I should get a job by the time my youngest son is 14 (this december). What the judge ACTUALLY said , is that she was sure I was perfectly intelligent and at 52 life was not over, and I could do something new over the next few years.
My job has been looking after 3 children and renting out property. All my income went into the family pot.
He is a CEO and on a big salary. As I said his wealthy mother has just died, plus it seems likely that the company he works for ( and he put marital funds into ) will be sold shortly.
Expert:  Clare replied 9 months ago.
That is what he is saying - what does the Order prepared by the lawyer say?
Customer: replied 9 months ago.
His lawyer just writes exactly what he wants so his reflects what I said. My lawyer suggested as a compromise that he should at least pay the child maintenance and roofing allowance and wait for spousal maintenence until after house sale.
He refused. The problem is that the judge was not specific enough. The detail was too vague. The lawyers say oh well continue the status quo. The judge simply did not say that at all.
He has paid the mortgage (2,600 / month ) and basic bills since he moved out but reduce it by 2k / month january 2014, so now it is less than he should be paying. He has been very reluctant to give copies of bills (refuses). I organised an 8.5k council tax refund for the 3 years he did not live here and he kept it all saying he paid the council tax so it is his, yet has kept the full cost on what he says he is paying and is off-setting that against the maintenance . etc etc
My lawyer has now written to his asking for details on how he can set up a company in direct competition to the one he works for, how it as funded, and how come he became a director on Sept 4th when on July 29th he said he had nothing to do with it, was merely helping a friend. The new restaurant opened in november (big) in Putney.
He claimed he would get little from his wealthy mother. She died in January. My lawyer has asked for her will. I would guess he has lied, and he will certainly inherit quite a lot, even though some is connected to a big family trust.
I really really want a totally clean break as this idiot is so penny pinching and manipulative. I cannot see him EVER paying what he should and the legal bills are mad. Do you think it is possible at this stage to ask for my maintenance from the July ruling to be paid in a lump sum?
Expert:  Clare replied 9 months ago.
This is nonsense and to an extent your solicitor has allowed him or herself to be distracted from some basics.There was a hearing and an Order was made by the Judge.Within the week a written draft should have been sent to the Judge to check - so that any misunderstandings could be ironed out The Order would then have been dated and the times would have started to run.Instead matters have now gone on so long that it is almost impossible to work out what should now happen now the situation has changedThe way forward is an urgent applictaion to the Court for the terms of the Order to be finalised AND for the issue of arrears to be identified and any other issues to be addressed.I am so sorry that you have had a difficult situation made worse in this way - please ask if you need further detailsClare
Customer: replied 9 months ago.
Does that involve another day in court at vast expense? What do you think re me asking for a lump sum payment? Thanks
Expert:  Clare replied 9 months ago.
It will certainly involve a further day in court - or at least a few hours.The lump sum is a possibility - but you will need to consider whether or not it is actually your best option
Customer: replied 9 months ago.
He has been so difficult that he will continue like this and I cannot see any upside of NOT getting a lump sum. It seems that if I get a job he can then pay me less, but if he earns more I am un-likely to get more. Is that correct?
Expert:  Clare replied 9 months ago.
I do understand your reasoning - I am just a little reluctant to say more when I have only the highlights of a complex (and badly handled) case!
Customer: replied 9 months ago.
my lawyer is now saying that to write to the judge we have to agree it with the other side first. He has therefore written a completely bland letter playing down everything and not mentioning any of the specifics of my ex behaviour at all.
Can we not just write ourselves direct with all the information in it? He keeps insisting that it is un-likely I can ask for a clean break. Although 1/ his mother has now died and he comes from a very wealthy family 2/ he seems to have the funds to set up another business 3/ when the company he works for sells he will receive millions
Customer: replied 9 months ago.
also is it at all relevant that the decree absolute was October and it is in companies house that he became a director in september of the new businesses he said he had nothing to do with?
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is ***** ***** do my best to hep you but I need some further information firstCould you explain a little more about the situation please
Customer: replied 9 months ago.
? i have been writing to you at length....
Expert:  Clare replied 9 months ago.
There is a problem with the site which is not letting me access that in the usual wayCan you give me a link to the page your other question is on
Customer: replied 9 months ago.
sorry I don't know how to do that, it just all scrolls down. My question is : we are indispute wrt finalising the order from a final hearing last July. No trigger dates were given by the judge re payments of child benefit etc, ,y ex is off-setting everything agianst the house (i live in). He only agreed to put on the market in January.
Since then press coverage re a potential sale of his buisness/ and other business start ups he lied about in court. My lawyer says we need to write back to the judge but in a letter agreed by my ex's lawyer. Can we not write direct ourselves?
Expert:  Clare replied 9 months ago.
Right thank you I remember that one!Has your lawyer actually asked for a new hearing?
Customer: replied 9 months ago.
no. he says we have to do a joint letter with my ex's solicitors to the judge
Expert:  Clare replied 9 months ago.
I cannot say that I agreeIf no agreement can be reached on the wording then it is a matter for the Judge who made the Order.It is reasonable for your solicitor to suggest to the other side that it is done by consent, but if they do not agree then the applictaion can be made alone - and that is whatneeds to be done.Write to your solicitor and say that if there is no agreement then you expect him/her to take the matter back to court immediately for the Judge to clarify the matterClare
Customer: replied 9 months ago.
could you tell me if I get 24 k / year spousal maintenance what capital amount I should ask for wrt a clean break using the duxbury tables?
Thanks
Expert:  Clare replied 9 months ago.
Is that the amount that you are receiving?
Customer: replied 9 months ago.
supposed to be. Also could you tell me if i ask for a clean break, and afterwards fraud wrt disclosure is discovered, does that invalidate the clean break? Can you then go back and ask for more? or is a clean break the end of it?
Expert:  Clare replied 9 months ago.
Just to be certain - you now wish to change the Order that was made?
Customer: replied 9 months ago.
I would prefer that. but what amount could I ask for wrt these duxbury tables plus what happens if you get a clean break and then finf out there was non disclosure?
Expert:  Clare replied 9 months ago.
Non disclosure will always allow an Order to be reopened.How long was the spouse maintenance due to last?
Customer: replied 9 months ago.
for another 12 years
Customer: replied 9 months ago.
I am sure he will try an wriggle out of it, go self employed or something, so as his mother has died leaving him and his siblings money, it seems the time to try and go for a clean break
Expert:  Clare replied 9 months ago.
If he does apply to end or vary the spouse maintenance he will have to pay you a lump sum thenWhat capital does he have at present (if the court order is put in place)
Customer: replied 9 months ago.
He got all his pension, half the house, half the holiday home, all of his inheritance (in trust). He also has a well paid job earning 10 x mine. He has to pay school fees for 2 children left at home. 1 going to Uni in 18 months, the other 13. 20k a year for school fees he gets from his parents old fund. (now both dead but fund continues.)
I got half the home- with big mortgage to pay off , (on market) half the holiday home (not on market yet). My inheritance (father died 20 years ago). My funds equate to his pension, and a % of his trust but he is refusing to present his mothers will so what % not sure. He also kept the shares in his company which if sold will get a 10 x up lift.
Expert:  Clare replied 8 months ago.
Before you seek to change what was agreed you really need to get the Order made - then you can negotiate further!
Customer: replied 8 months ago.
so just to clarify:1/these trigger dates wrt maintenance payments should have been pinned down in court in July. Fault of Barrister or solicitor or both?
2/ we do not have to write a JOINT letter to the judge, we can write our own?
3/ I do need to wait until this consent order is signed and ratified before asking for a clean break?Finally, does the fact that his business interests he did not disclose in July, were most definitely underway (new large restaurant opened in November, 400k re-fit, lease signed in September etc) before the decree absolute (october) have any relevance at all? Thanks, moira
Expert:  Clare replied 8 months ago.
!. Fault of both really2. Your solicitor can apply to have the matter re-listed for a hearing without the other side3. Trickier - it may be more appropriate to reopen the matter given the new business interests this is a matter you MUST discuss with your solicitor who knows your case fully
Customer: replied 8 months ago.
thanks. does the fact that the date of the decree absolute falls after the new business was started have any relevance in your opinion? He is being very difficult wrt providing any evidence of funding streams etc, he just writes what he likes as has been the case in our whole divorce. His solicitor (withers) only provide at best skeleton evidence. I know the nominee investors have sent information to withers as I phoned them direct but withers do not pass it on.
Customer: replied 8 months ago.
could you also tell me what 24k / year x 12 years would be wrt the duxbury tables if I ask for a clean break? Thanks
Expert:  Clare replied 8 months ago.
No it makes no differenceYou do not need Duxbury Tables for that period - you simply need to agree a discounted amount between you
Customer: replied 8 months ago.
How do I go about asking for a clean break? Can I apply to court direct for one? I cannot see my ex agreeing it as he is a control freak, plus I don't think he plans to pay it anyway.
Is there a form I can fill in myself? These legal fees have eaten up every penny I am likely to see in maintenance.
Expert:  Clare replied 8 months ago.
The starting point is to get the matter back to court.Once you are there then you can ask the court to reconsider the matter
Customer: replied 8 months ago.
my solicitor says I cannot ask for a clean break now. He says I have to get the original consent form sorted out, then go back. The letter has now gone to the judge with no mention of a clean break.
This seems wrong. I do not see why it could not all have been mentioned together?
Expert:  Clare replied 8 months ago.
No your solicitor is correct - you are going back to sort out the current order.Once you are there the fact that he appears to have assets he did not disclose can be used to start some renegotiations between you - but that is for later not this point
Customer: replied 8 months ago.
He has never been able to negotiate. Hence the current situation. Rather than waste yet more time and money, do you have any advice as to how I go round this situation and go straight to court re getting out of this mire.
Is there a form I can fill in myself asking for a clean break??
Expert:  Clare replied 8 months ago.
I do understand your frustration but no there is no form that you can fill inYou HAVE to follow the process this way

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