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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2285
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex is taking me to court under the children's act for

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My ex is taking me to court under the children's act for maintenance of our son who last year went to reside with him. I do not work, nor do I have any income but he is using my house that I share with my husband plus other factors in a bid to achieve maintenance assumably from my husband who is not my son's biological father. Can he do this? He has attached fabricated/intrue evidence to the case and appears to have been stalking me via our son's Facebook account, companies house, HMRC and a recent planning application, despite being written to by a solicitor in regards ***** ***** lack of income. Can this be addressed as he will not leave us alone?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Have you been served with a court application and if so, what are the precise details of the application? Were you married to each other and if so was there a financial settlement as part of a divorce? As the resident parent he is able to pursue either a child maintenance application with the Child Maintenance Service (based on your income) or an application to court to support him and the child financially if you have no income, but do have assets. He is unable to pursue an application for child maintenance against your new partner.
Customer: replied 1 year ago.
We were married but divorced years ago and finances we dealt with at the time. I do not work and all assets are my husbands, I am a full time mum. He is using our house, planning application, the fact we had a 4 week summer holiday ( my husband can work abroad), we went to the Seychelles (a 40th birthday treat) and we have some child care help due to my husband being away a lot and is having no family nearby as evidence of a lavish lifestyle. Nothing is funded by me as stated previously I have no income.
Expert:  Harris replied 1 year ago.
How were the finances dealt with as part of the divorce? Was there a formal agreement approved by the court?
Customer: replied 1 year ago.
Yes
Expert:  Harris replied 1 year ago.
Thanks - he is still entitled to pursue an application under Schedule 1 of the Children Act for maintenance - however, you will need to check the exact terms of the financial order as there could have been a clause preventing further claims from him towards you. Furthermore, as long as you do not have any assets or income, he will not be able to succeed in making a claim from you. Your new husband's assets and income cannot be taken into account as they are not yours. Also, if residence is transferred to you this will assist in preventing his claim proceeding. Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
But my name is ***** ***** mortgage, would that then mean I have assets despite the fact I don't fund anything?
Expert:  Harris replied 1 year ago.
Yes, if your name is ***** ***** mortgage then you will be a joint owner of the property, and legally you will be entitled to the property.
Customer: replied 1 year ago.
So can he claim maintenance based on the fact my current husband and I have a house?
Expert:  Harris replied 1 year ago.
In relation to monthly maintenance payments, the CMS should have jurisdiction and if you have no income then you will not be liable for monthly payments. On an application under Schedule 1 of the Children Act, the court can consider lump sum payments and transfer of property, and the court will consider the following criteria when deciding whether to grant any orders: (a) the income, earning capacity, property and other financial resources which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;(b) the financial needs, obligations and responsibilities which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;(c) the financial needs of the child;(d) the income, earning capacity (if any), property and other financial resources of the child;(e) any physical or mental disability of the child;(f) the manner in which the child was being, or was expected to be, educated or trained. If the only resource/asset you have is your current matrimonial home, the court is extremely unlikely to grant your ex-husband a share of that property. Furthermore, you currently have a shared residence order in place which will support your position, as well as possible clauses in your financial settlement order that prevent him seeking further claims against you (again, please do check this as the court will need to be made aware that a financial settlement alongside a divorce was approved by a court previously). Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
Our only asset is our matrimonial home which has very little equity and is funded solely by my husband, although I appreciate what you are saying about me being named on the mortgage, though I contribute nothing towards it. We have no other homes, holiday homes, rental properties, income or inheritances etc. We also have 4 other children, all my husbands biological children, and my husband funds my son when he is in our care.
Expert:  Harris replied 1 year ago.
Thanks - it is highly likely that your ex-husband's application will go nowhere given the lack of assets and little value in your family home.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2285
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much indeed.

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