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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
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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If possible. MPS hearing this week, on the eve of

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For Claire if possible.
MPS hearing this week, on the eve of it partner sends a 15 page statement and 30 pages annexes traversing all that he'd ever have to say financially and about kids. I have a 2.5 page statement and some annexures.
Would your recommendation still be just to bring it on the day of the directions hearing (I'm the MPS applicant) and not express courier it around the court and parties a day before?
I'm fairly sure nothing will be looked at until directions conference anyway?
Also, he refers to him wanting the child to return to his home town and live with him - again he'd have to start CAO on a separate track for that? Other than revealing his intentions, nothing I should do further?
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.
Is there anything unexpected in his Statement - or helpful?
Expert:  Clare replied 8 months ago.
Is there anything unexpected in his Statement - or helpful?
Customer: replied 8 months ago.
unexpected that he still thinks CAO / custody in his home town is viable, given he also announces his promotion in the same document along with a group of lodgers moving in. That hardly gives the stability the young child is used to. I'm ignoring child aspects for what is a financial relief Directions hearing but have been preparing for a year background documents. He seems to think the big house is fundamental to his CAO strategy - if house is sold in financial proceedings I don't suppose he can 'stay' the financial proceedings because of his intended CAO - he could simply apply for custody from a smaller abode?!So when I focus just on financial info in his last minute statement I picked up errors in his budget which mean his surplus appears smaller than it should - and so I've explained this in my Statement and put the real surplus, which would cover unpaid child support and maintenance for me. Mistakes like putting a yearly amount in the monthly column which leads to big error and including elective spending like paying into investments, which could cease. Ok for me to specifically point that out in my Statement?I really only added a paragraph to mine - the above errors and the true money available.Finally, the only other surprise is a complete denial (due to lack of memory) in his statement of my working contribution and my financial one - but that detail sounds like very much for final hearing. Its good to know his misconceptions in advance.What do you think?
Expert:  Clare replied 8 months ago.
Well thought through and very clear.You are being realistic and only asking for what he should be paying as child maintenance - make that point and stay focused!
Customer: replied 8 months ago.
Thanks.Is there a protocol I'd be blissfully unaware of like "hand your papers to the clerks before court" - I was going to keep with me until introductions by Judge as I "don't know any better"!Ex's going to 'take over' the conference where he can and assert I have lots of savings. To keep focus I've attached my savings account with its meagre balance and explained it funded my gap for years, to bring things back to a conversation about gap. We've both attached a reasonable amount of annexures but neither of us seem to have attached our current account statements and not all of our original bills but I'm bringing my originals along - nonetheless judge can order maintenance be paid?It being a Directions hearing I suppose they could divert decision making to another day and make us collect up more papers? (It seems to me there's enough just on our excel budgets - we each wrote detailed ones - for a decision - and if I attached too much, it might as well be Form E!).Since I am ready with Form E, and my partner appears ready from the bulk he's chucking in this week, should I ask for an early FDR/FDA on the basis parties ready to exchange Form E? Rather than mess around with Directions, followed by a second MPS, .... which would run into FDA etc....? I want a maintenance order to "bring home" to my ex the reality of child support, and a hearing date for FDA (Form A was January nearly 6 months ago). Can judge literally go through a diary and give us a date if asked?
Expert:  Clare replied 8 months ago.
If there is sufficient evidence the court may well make the Order.If your Form E is ready - take it with you (in triplicate) and file itIt is unlikely that the FDR will be brought forward I am afraid.Given that your ex has filed I suggest that you do send the papers in today - with the Hearing date and time in red on the accompanying letter to the ocurt.If not then hand it in to the Usher as soon as you arrive
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 8 months ago.
I think I've missed the opportunity to file Statement today because I work each day and court closing now.
It'll have to be "hand to usher" but frankly, my statement is short and easy to digest, and in triplicate with some annexes.
I'll bring every bank statement so they've got enough evidence that I'm poor.What would be the point do you think of 'filing' Form E if FDA won't be brought forward? I keep having to update E with a payslip every month that goes past, or improved valuations etc. I think we will have on 'our person' just about everything that Form E involves but given your thought nothing will bring FDA forward, I'd rather keep Form E back (also because I've over-included and need to prune it).With your advice that FDA date remains woolly - MPS becomes PARTICULARLY crucial and that's certainly worth knowing.
Customer: replied 8 months ago.
Hi Claire
Because you love the law, the update for your achives is the Court forgot to ask the parties to file statements 7 days before, therefore it adjourned until first available FDA. They had also forgotten to schedule FDA and apologised for losing track of the entire case. They've also lost Application for Nisi which I'll resubmit. She said she was tempted to make MPS order but in all fairness had to give parties time to read statements which we brought on the day. Positives were Judge emphasised needs of the child and that 50/50 splits are not always suitable when a very young child involved. She had no interest in unpaid child support but purely spousal needs and scheduled a 2 hour FDA (1) MPS (2) financial relief. So, I'll come back to you separately as I prepare for FDA if that's ok.
Expert:  Clare replied 8 months ago.
The incompetence of the court knows no end - which is hopeless for youA reminder - you are saying that you need SPOUSAL maintenance because of his failure to pay the child maintenance!
Customer: replied 8 months ago.
Empathy is priceless.
I kept saying spousal maintenance exacerbated by no child support but Judge denied any jurisdiction for child maintenance so its residual battleground only. If he succeeds at FDA to cry that he can't pay, there's always the hope capitalisation achieves the same end, with ultimately an acorn's worth of maintenance to keep the door open. I'll come back to you as the notices flood in.
Expert:  Clare replied 8 months ago.
No the Judge cannot deal with Child Support.What you are saying is that IF he paid the Child Support he should then you would not be claiming Spouse maintenance!
Customer: replied 8 months ago.
Agree - but I couldn't talk them out of seeing child support "in that light" - hey at least they were willing to consider spousal for the rest that I need (on top). They promised Form C within 10 days (with court date) - would you in my shoes write a fresh statement and lodge it 7+ days before FDA - to "scoop up" his budget fluffs, my recent news of cut in tax credits! and latest (even smaller) bank balance? The judge has never heard any 'background' from me either - I could have a background section? My partner waxed lyrical on background and my side hasn't been told. Whilst Judge was adamant to husband he should stop raising 'conduct' issues, he won some heart with his sob story and why shouldn't I do the same!What do you think a subsequent statement should cover? Is it a sensible idea to write one? I wouldn't have much in the way of annexes mind you, because Form E is enough.
Expert:  Clare replied 8 months ago.
Is he willing to go back temporarily?
Customer: replied 8 months ago.
Pardon me Clare, how d'you mean? Not sure I understand your question?
My question was will need to supply / or is it ok to supply a fresh statement for upcoming FDR/MPS (2 hour).
I'm guessing that given the wide scope of the meeting we'd pretty much have to do that - and I am keen to.
Expert:  Clare replied 7 months ago.
Sorry that was not for youAnd I think we have dealt with your query!

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