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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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Clare My ex has a lawyer, when I serve docs is it ok to

Customer Question

Hi ClareMy ex has a lawyer, when I serve docs is it ok to serve or one or other (him or lawyer) - not both? it costs £10 delivery each pack I send to himself and his lawyer.I was going to hand Form E to ex in person when I deliver child and mentioned this idea, no objection received - if so, can I skip sending a copy to lawyer because it costs a lot to photocopy it?Previously I always sent everything to both but costs are mounting up.Could I send statement of issues, chrono, questionnaire to one or other - or does it need to be both of them (maybe first class certificate of post would be cheaper than signed delivery)For my C100 would there be any particular technique to follow in terms of who gets what by post.I know my court desk is always closed so I have no choice but to use the post with them.I have been told 'don't get back's up' by sending C100 but instinctively I am going ahead. Lets face it, my ex will lean on the argument that under Matrimonial Causes Act he 'needs' funds to travel to the child, so we might as well make him attend the contact visits!
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 months ago.

You only need to serve his solicitor with the Form E - but you can certainly write to his solicitor and tell them you will give it to your ex directly if you wish

YOu send the C100 to the court - you do NOT send anything to your ex until you hear back from the court

Expert:  Clare replied 6 months ago.

.

Customer: replied 6 months ago.
I have a document in Form E I'm in two minds about, it is worth having there because its an attendance note with an estate agent mirroring another valuation and they don't give valuations until jointly instructed but it was from the leading agent in the area. But it all was bound up in my ex being rude to the agent and me, when we viewed the house. So do I put in the attendance note verbatim which includes step by step the bad behaviour or do I make a new version just with the technical agency points and remarks?
Expert:  Clare replied 6 months ago.

Put it all in!

Customer: replied 6 months ago.
Ok. In hindsight that does seem better, even if it ruffles feathers a bit, because it is the truth of what happened on the day without picking and choosing bits of it.
So finalising documents on the verge of MPS (after it was initially postponed and moved, what a pain). I have been waiting since the March application for some kind of financial help but it has dawned on me, it'll never happen. My still hasn't paid his NISI costs order - even if I got an MPS order that he pay say £200 a month to final hearing - he'll just ignore the order and I'll be financially bereft. What do people do in these circumstances?!
Expert:  Clare replied 6 months ago.

They get the Order and enforce it!

Customer: replied 6 months ago.
ok, I would always try that. I wondered if I should say to the Judge that my funds are gone, lost my job, 6 months to final hearing - take a lump sum from a bank account that has £1000 in it. But, no one can make my ex do it I suppose.Does enforcement of an order generally end up with a wage garnish?My other option is hardship application to the job centre regarding waiting times.
Expert:  Clare replied 6 months ago.

Enforcement can be accomplished in different ways - but Attachment of Earnings is one of them

Customer: replied 6 months ago.
Good to know, but is there a way I could link non-payment of NISI order to the MPS hearing (which was adjourned from May), if I include that in my statement might the judge make an inventive order. Can they order a bank (rather than the unreliable husbands) to transfer money eg. a discrete amount lump sum in a side account?
I've got no hope of my ex honouring an order to pay monthly.
Would you have any ideas on making the most of the MPS to get a result that actually achieves something?
Expert:  Clare replied 6 months ago.

No I am afraid not

Concentrate on getting an Order for spouse maintenance which reflects the fact that he is not paying the child maintenance

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 2 other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
Ok thanks I'll try, but last time the judge washed her hands of any matters to do with child support and she couldn't grasp the fact non payment of child support magnified the spousal maintenance issue, she even used the word jurisdiction so that's a fairly desparate attempt to distance oneself from it and gives them a loophole to assign nothing at all to spousal maintenance. I'm hoping they see the fudged budget of the ex and tear it up.
Expert:  Clare replied 6 months ago.

It is important to be crystal clear in this point.

1.You are asking for interim spouse maintenance because your current income does not cover basic outgoings.

2. If he paid his child maintenance your income would cover your basic outgoings

3. You ask the court to award you interim spouse maintenance to be reduced pound for pound by any child maintenance he actually pays

Customer: replied 6 months ago.
I agreeExcept if he paid child support I'd actually still be short £1000 a month because my job was made redundant. I've pointed that out in my position statement. Child support is only a small amount. Spousal maintenance has become rather crucial.Say they think he can afford £800 global, I can suggest it is reduced pound for pound for any child support paid but the judge totally distanced herself from child support and quite frankly I wouldn't trust my ex to reduce anything pound for pound.So I'm hoping for a set amount monthly like £800 and if child support comes in, that's extra.
Expert:  Clare replied 5 months ago.

That will not work

The Judge distanced herself from child maintenance because she has no power to deal with it.

However there is an assessment in existence and if he paid it in full then your needs would be less. hence the pound for pound reduction

Customer: replied 5 months ago.
I think you're logical - I only wish they would see it.
Whatever order comes through, my ex will most likely ignore (I realise from what you're saying I'd have to enforce un-met orders).
Next March, all going well, there should be an order to sell matrimonial home at final hearing if I'm lucky. In reality, do reluctant spouses make sales long drawn out and awkward too? Are there any time limits imposed?
I am starting to realise my threadbare resources are going to have to last an eternity...
Expert:  Clare replied 5 months ago.

They can do - but if you stay on top of enforcement all should be well

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