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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been divorced for 6 years. at the time of divorce I

Resolved Question:

I have been divorced for 6 years. at the time of divorce I completed a full and final settlement with my ex wife whereby she received c.85% of the monies to be split. I have one child (who was 5 at the time of divorce) and at the time of divorce a monthly settlement for my daughter of £1,000 was agreed. I also agreed to pay private school fees over and above this monthly amount until my daughter finished primary school which she did this summer. I have had to apply to the court for an enforcement order as my ex continued to breach the terms of the contact order. We attended court and subsequent mediation and amendments were made to the contact order as a result. Unfortunately I have now had to write to her lawyer once again due to ongoing breaches. Her solicitor has responded to my letters stating that her client has advised mer not entertain any letters in relation to the breaches of the contact order and I have now received a letter from her solicitor stating that she wishes site of my last P60 and 3 months salary slips and her client is now seeking more maintenance for my daughter. I advised her lawyer that I was unwilling to provide said documents until she responded to my numerous letters relating to ongoing breaches to the contact order. I have now received a letter stating that should I fail to provide the documents my ex wife will apply to the court and I will be liable for the costs incurred.
Over and above the £1,000 monthly maintenance I also cover costs for school uniform, general clothing, extra curricular activities and school trips. My daughter stays with me every other weekend and I also have contact one evening during the week.
Can she demand that I cover her legal expenses should she take me to court and also can the court state that I must pay over the CSA calculator amount. Will the take into consideration the additional monies I spend on clothing etc?
Can I revert to her lawyer stating that their failure to comment on their clients breaches of the contact order is necessitating me having to make an application to the court to have my issues heard once again by the judge?
Many thanks in advance
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.
What is your gross income?
Clare
Customer: replied 2 years ago.
My last P60 shows £158k
Customer: replied 2 years ago.
Relist: Other.
No response
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
The Court has the power to order more than the CSA assessment although it is unlikely that they will do so
However you do need to use the newest calculations - details here
http://www.nacsa.co.uk/index.php/cs3-calculations
The court is likely to take account of the extras that you pay for - unlike the CMS
You shoudl provide the requested documentation - it is a reasonable request
However it is unlikely that you would have to pay her legal costs if she applies to the court - but again since it is a reasonable request the court may do so.
Maintenance and contact issues are not connected in the eyes of the court I am afraid.
Equally I am afraid if she choses not to instruct her solicitors to deal with the Contact issue then they cannot communicate with you on that point.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
So to be clear she can breach the contact order, refuse to discuss this even when I have sent her lawyers numerous letters and still demand more money from me? Can I then apply to court in relation to the ongoing breaches of the order and advise her lawyer than whilst this is ongoing I will not provide financial details until my case has been brought in front of the judge re breaches to the order?
Expert:  Clare replied 2 years ago.
Hi
You can certainly make an immediate application to enforce the Order - and letters involving this should be sent directly to your ex since her solicitors are not instructed on the matter
You cannot delay the financial issues whilst the enforcement action is ongoing
Clare
Customer: replied 2 years ago.
Just to confirm. Are you a barrister as that is what we stated we were looking for.
Can we state that we would be seeking for her to pay our legal bills as it is due to her consistent breach of the contact order that has necessitated me making yet another application to the court?
Expert:  Clare replied 2 years ago.
Hi ***** am a Family law Solicitor and it is solicitors who deal with these issues most - and indeed I also deal with my own advocacy.
You can certainly ask the court to award the costs of your application and it may well be awarded as part of the "penalty" she faces.
Clare
Customer: replied 2 years ago.
Thanks. Just just to confirm it would appear from your advice above that she can demand my financial information at any time, the fact that she consistently breaches the contact order and we have attended court and mediation for this and she continues to breach has no effect whatsoever on her ability to demand a review of the maintenance she received whenever the fancy takes her? I been paying school fees up until my daughter left primary school in the summer and it is for this reason by ex now knows I have spare expendable income and is looking for a cut from this. My major concern is that she will get the slightly increased amount that I have calculated and then continue to demand that I pay for school trips, school uniform, extra curricular activities. I have also had to buy my daughter clothes and riding/karate outfits for when she visits my home as her mother sends her with none even though the maintenance i pay is purely for my daughter for clothing etc as my wife got a full and final cash settlement at the time of divorce. My ex has this year enjoyed 5 foreign holidays with friends whilst my daughter stay with us, has recently purchased a brand new BmW car and undergone cosmetic surgery, yet continues to claim she cannot afford to pay for singing lessons etc for Our daughter. Can I ask for a statement from her detailing what she is spending the maintenance money on that is meant to be solely for my daughter on? Surely there must be something that I can do rather than just hand over yet more money for her to spend on herself rather than our daughter?
Expert:  Clare replied 2 years ago.
Hi
No she cannot demand it at any time.
However it has been some years since the maintenance Order was made and she is entitled to ask to see your current income details so that she can consider whether or not an application for an upward variation is worthwhile.
Indeed most solicitors insert a standard annual review into the Order so that the P60 can be disclosed each May
You are not entitled to ask her to account for the money you ARE entitled to refuse to pay for any of the extras
She does not have to provide any special clothing for when the child is with you - equally you can refuse to send any of "your" clothing back with the child when she returns to her mother
With regard to the breach of the contact order then you can apply to enforce it if it is breached - and indeed it may also be time for the arrangements to be reviewed with a more equal division of the child's time between you - assuming that this is something that your daughter would like.
Clare
Customer: replied 2 years ago.
Is it possible to arrange an independent intermediary to review the maintenance as I do not want to provide these details to her lawyer who completely refuses to deal with me, acknowledge or respond to any of my letters regarding the breaches to the order and is completely dismissive regarding evidence I send of additional monies I provide for things already mentioned in my previous correspondence. If I refuse and she takes me to court will the court simply ask for site of my P60 and make a ruling or with they simply provide a copy of my P 60 to my ex wife's lawyer?
I was of the impression that one of the things I was providing the monthly maintenance for was clothing for my daughter. Can you confirm that you are saying that she does not legally have to provide my daughter with clothing when she comes to stay with me even though she receives a significant amount of monthly maintenance purely for my daughters clothes, food etc. my daughter returns to her mother in the clothes we have provided we often fail to have them returned. This in turn simply costs us more money as we have to purchase more.
So in summary you are saying that my options are:
Refuse to provide my P60 to her solicitor which in turn will ultimately instigate my ex applying to the court
Apply for a further enforcement order (although have done this already and attended mediation she pays no heid)
Provide my P60 to her lawyer with the stipulation that if she does go down this route then I will not be paying for things as and when she calls asking me to do so. The revised monthly amount will be full and final and she will have to ensure all of my daughters extra curricular activities, clothing, foreign school trips etc etc are met from this revised amount. And also stipulate that I will not be covering their clients legal fees as mentioned in their most recent letter to me?
Expert:  Clare replied 2 years ago.
Hi
Her solicitor cannot deal with the Contact matters as he is not instructed to do so
If the application is made to the court then yes all your financial information (and it will be a full Form E) will have to be sent to her lawyer
there is no question of an independent intermediary - that IS the lawyer
If mediation has failed on the Contact issue then make the court application and have a hearing.
The wisest option is to send the P60 and the payslips and say clearly that if she applies for an upward variation then you will not pay for any of the extras.
No need to refer to the costs part at all
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Evening

I am able to go back to me ex wife's solicitor advising that I will either:

Forward my P60 and they can recalculate but if they choose this route then ALL expenses in relation to my daughters extra curricular activities will be met form the revised monthly maintenance payment going forward and I will no longer make contributions

or

State that I will be willing to pay for X going forward without providing my P60.

Can I give them that choice as I am aware that if I give them my P60 then the recalculation should cover all the additional costs so I want to stipulate I will be making no further contributions.

many thanks

Expert:  Clare replied 2 years ago.
Hi
Yes that seems very sensible
Clare

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