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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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ClareI made contact with you in September 2013 about my partners

Resolved Question:

Clare
I made contact with you in September 2013 about my partner's contact with his children post separation from his ex wife. Since the separation he lost his job and has been unable to pay the court fees if £215 for the contact order you mentioned. He applied but was unable to receive legal aid as he was on contributions based income support. He has maintained contact with his children with cards etc via their grandparents but it has now been a year since he has seen them. He has now been emitted for two months, contacted the CSA and sent in payslips. As part of the divorce settlement, he had to pay £1600, the remainder of the equity of the house (used to finalise bills) which was meant to be paid to his ex wife by February 2014. She has recently emailed threatening to file a D11 against him due to breeching the order. A couple of things are unclear to us. Does the CSA take into account my two children who he lives with and what enforcements can the court m as the order was breeched due to him not working? He had contacted the court to say he was out of work.
I valued your comments and would appreciate any help we can get
Thanks
Bev (Tose)
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much does your partner earn before tax and insurance?
What offer can he make in respect of the £1600?
Clare
Customer: replied 2 years ago.
He earns 40k annually and is hoping to contact the court, if this is the correct procedure, to make affordable payments per month to hopefully pay it back within 6-8 months. He is also now in a position to get a contact order, which is £215, as Mum won't allow him to see his children. I am concerned that the court may view the £1600 as a priority and not the contact order.
Many thanks
Bev
Expert:  Clare replied 2 years ago.
Hi
The two issues are entirely separate and will be dealt with separately by the courts
So far as the debt is concerned he should write to his ex and make an offer of payment - and send the first payment with it.
If she choses to go to court then she must do so - but provided he has made a reasonable offer it is likely to be endorsed by the court
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks. Will this not further breech the terms of the court if he contacts her directly? My understanding now is that she could still pursue the matter if the full payment is not made. If so, can the court endorse full payment despite the fact that he has been out of work for ten months?


Regarding my earlier question about the CSA and future payments he will now make, do they take into consideration my two children who live with us (aged 12 and 9) and would they enforce payments backdated to the time he was out of work even though they took an amount from his allowance per month?


Thanks


Bev

Expert:  Clare replied 2 years ago.
Hi
is there a court order barring him form contacting her?
When were the CSA first involved?
Clare
Customer: replied 2 years ago.
The CSA have been involved since their separation. There is no restraining order from the court but we had the police call to our house about 6 months ago warning him to make no contact via email or calls (contact was regarding divorce settlement and his need to see his children) She was pregnant at the time and claimed harassment. So the only way he has been able to contact his children has been via mail to their grandparents address. We had a solicitors letter stating she did not want him to know her address when they moved. So legal advice would be a court order?
Many thanks
Expert:  Clare replied 2 years ago.
Hi
No write a formal letter via her parents and express it as being in reply to her email - make sure that is the first sentence!
The cSA assessment will indeed reflect the fact that you have two children in the house - so his payment will be 20% of 80% of his net income
Clare
Customer: replied 2 years ago.

Am just a little unclear still about what the court could do if she still wasn't happy with payments and filed a D11. What happens then? And, given the circumstances of her denying him the right to see his children, would be a court order for access to his children?


Bev

Expert:  Clare replied 2 years ago.
Hi
As I said these are two separate issues dealt with entirely separately by the court.
If she files a D11 then the court will consider how best to enforce the Order against your partner
Since he has no assets an instalment payment option is the only viable option so provided his offer has been realistic then the court will support it
With regard to contact there is a very good chance of his application being successful
Clare
Customer: replied 2 years ago.

Sorry for my delay. My last question - the CSA have been informed by ex that my partner's family have property assets. This being a farm in which three siblings still live. Under the terms of the divorce, she has no claim on this due to all equity of marital home going to her. This has been agreed under the settlement (apart from 10,000 which will be given for the two children upon the sale of the property whenever that is) Will this have any effect on court's endorsement of payments towards 1600? Or the CSA payments?


My final query.


Many thanks

Expert:  Clare replied 2 years ago.
Hi
What is his interest in that property?
Clare
Customer: replied 2 years ago.
His parents have both now passed away. Property is in a family trust at the moment. Doesn't get signed to family until April 2015. There are 9 siblings- property between all of them.
Expert:  Clare replied 2 years ago.
Hi
In that case it has no effect whatsoever - it is not his asset at all
Clare
Customer: replied 2 years ago.
But will it affect any payments once his part of the inheritance is made? Or is that also entirely separate?
Expert:  Clare replied 2 years ago.
Hi
Is he actually going to get a capital payment - if so how much is it likely to be
Clare
Customer: replied 2 years ago.
35 to 40k from the sale of the property, whenever siblings who live there decide to sell.
Expert:  Clare replied 2 years ago.
Hi
Then no this will not effect the maintenance at all
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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