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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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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The terms of my divorce state that school fees should be

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The terms of my divorce state that school fees should be paid from work related bonuses only - I did not receive a bonus in feb 2015 , My ex wife refused to withdraw our son from school ,and as i have a school fee order I am required to pay. I tried to get her to mediate but she refused. I then applied to the courts over this matter and too amend spousal maintenance. We were given a court date of the 16th of November On the 5th of November i was made redundant , as the court appearance was a first appointment the DJ could only direct us to "negotiate or mediate ". We subsequently met with a mediator who felt it was very difficult to get us to agree to changes without knowing my redundancy package ( i had an exit issue and this was not resolved until the december ) or whether i was able to get a job. A Fdr date came through for February The mediator recommended that we delay this hearing. We advised courts and new date was set for April. In the meantime i managed to get a job ( started Feb 2016 - was out of work for 3 months ) but my pay is now 57 percent lower, we met with The DJ is april. She quickly realised that my ex was not going to agree to changes and arranged for the final hearing to be set for May 2016. Unfortunately she was not clear on how many trial bundles should be sent ( we are representing ourselves ) and the may hearing was only used by the judge to "narrow" some of our points , the DJ confirmed that the “trail bundle” was not our fault and that a new trial should be arranged very quickly as my finances were being stretched ( i have continued to pay school fees. and the same level of spousal and child maintenance ) after 3 weeks no order came through on investigation it transpires that the judge and his clerk were confused over who/how the order was being managed. It had sat in courtroom 15 for 3 weeks! ( confirmed by the head of the court orders department ) and no trial date was requested. The order has finally been dispatched but the delay in requesting a trial date immediately has meant that the new date set for the 2nd november. That is 18 Months from the point I started this process , a year from the point that I notified the courts of my loss of job and 9 months since starting a new job which pay 57 percent less. For the last 7 months i have paid my ex same level of maintenance ( that is currently 75 percent of my current salary ) i have had to use savings/ex gratia to "top up" and also live. ( i have a new wife who cannot work as we have 2 new children 1.5 and 3 ). I have complained to the court but heard nothing back. I have advised my ex wife that i cannot continue to maintain the same level maintenance until november 2016. and on the basis of her owing 50 percent of school fees and my salary is now 57 cent lower I have stopped her spousal maintenance ( im stiill paying school fees and child maintenance ) . I am in direct contact with FRU at Holborn courts who are quite frankly useless – Can you please advise on how I complain about the DJs handling of this and what the likely impact of breaching an order will be ( I will run out of money within 2 months at this rate and will have to stop payments - my ex gratia payment should not have been used to pay for my ex-wifes life style )
Submitted: 11 months ago.
Category: Family Law
Expert:  Nicola-mod replied 11 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Given that you have not received any bonus why are you still paying the school fees?

Have you applied to the CMS to assess child maintenance?

Customer: replied 11 months ago.
Hi Clare. Im paying school fees because whilst it says "paid from bonus only " i have a school fee order. If we ( my ex and i) cannot agree we have to go back to court and dj decides , but i have in the meantime keep paying ( if i can ) its taken over a year and stll no decision made. Fee will end in august but i will have paid 22.5 k. I aiming claiming that she is responsible for half I havent applied to cms to assess. It was a consent order. At time i agree my 2 children could have payments until the end of a first degree course. But i since remarries and have 2 very small children
Expert:  Clare replied 11 months ago.

How old are your older children?

Customer: replied 11 months ago.
They are 18 and 20. ( both attending uni )
Expert:  Clare replied 11 months ago.

School fees still being paid?

Customer: replied 11 months ago.
My son finishes in july but i have 3 payments left. School fees are more than spousal maintemance. School fees , spousal and kids maintenance is currentky 75% of my monthly salary. As u can imagine its a comcern. Next month i will run our of funds and go into overdraft
Expert:  Clare replied 11 months ago.

Have you considered making an applictaion for an urgent hearing to ask for the Order to be stayed pending the final hearing?

Customer: replied 11 months ago.
Ive written to the financial resolutions team at holborn and asked for the date to be changed
What does "stayed" mean and what lis the correct application form ?
Expert:  Clare replied 11 months ago.

"stayed" in these terms means suspended for the time being!

The application is made on a D11 form - and by all means use the word suspended rather than stayed - late nights tend to make me forget to use normal language......

If all else fails then simply drop payments to cover child maintenance alone - and pay it to the School

If your ex applies to enforce the order it will be heard at the same time as your applictaion to vary and any arrears can be remitted

Please ask if you need further details

Customer: replied 11 months ago.
Thanks Clare. I will apply for a suspension.
Really helpful info , much appreciated
Expert:  Clare replied 11 months ago.

You are most welcome I hope all goes well

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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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