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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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Hi, I recently applied to the courts for a variation of the

Customer Question

Hi, I recently applied to the courts for a variation of the consent order done on my divorce and handed in both my ex husbands form e and mine along with the form requesting the variation and a typed originals and copies of the new consent order I seek. I got a letter back saying Notice of a First Appointment requesting:
I must file with the court a Form E and exchange with the respondent Form E signed statement of truth.
I must file with the court and the (legal representative of the) other party
- a concise statement of the apparent issues
- a chronology
- a questionnaire setting out the further information and documents you require from the other party,
- a Notice in Form G
and a date for the first appointment.
Subsequently three days later I got a letter saying:
The Judge has seen your application to vary para 4 of the Consent Order dated 2.4.12 and has stated that no further action is required as a hearing is already listed on 10th March 2015.
Please could you advise me as to whether I still need to fill in all the documents listed up, the Form E again and do I need to contact my ex husband to exchange Form E again.
Thank you,
Maneeza
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.
For clarity - this amendment is one which both you and your ex agree to?
Clare
Customer: replied 2 years ago.

Hi Clare,

No his solicitors have threatened me with costs if I should fail in my variation and said he will strongly oppose it. After the original consent order was done C&G changed the mortgage from part interest only to full repayment as he had taken his endowment policy away and my monthly payments rose from £700 to £2200 and now £1500. I cannot afford this so have no choice but to raise the maintenance from £220 to £720. He has 35% stake in the property. I have no part of his pension or savings and he does not contribute to Maria's expenses in any way nor sees her or entertains her or buys clothes etc. She is 16 now. Maneeza

Expert:  Clare replied 2 years ago.
Hi
Why have you not applied for maintenance for the child?
Clare
Customer: replied 2 years ago.

Hi,

He is paying £220 per month as maintenance and I am trying to raise that by £500 to £720 so that Maria and myself can afford the mortgage and stay on in the property until she finished university.

I did not need anymore when the first consent order was done but the changing of the mortgage has made it unaffordable for me.

Maneeza

Expert:  Clare replied 2 years ago.
Hi
Is that spouse or child maintenance?
Clare
Customer: replied 2 years ago.

Child maintenance I get nothing as I work I believe.

Expert:  Clare replied 2 years ago.
Hi
How much does your ex earn?
Clare
Customer: replied 2 years ago.

£28,000 per year I believe. Also he lied on the original Form E and did not disclose his endowment policy of £40,000 and all his pensions adding up to £50,000. I warned him about not mediating as this is perjury and offered him three chances but he will not listen. His recent Form E shows the discrepancies.

Maneeza

Expert:  Clare replied 2 years ago.
Hi
What income do you have?
Clare
Customer: replied 2 years ago.

£14,700 gross per year i.e. £1020 pm plus child tax credit £197 pm and child benefit £82 pm

Maneeza

P.S. Apologies for not replying earlier as I had to go and pick my daughter from school.

Customer: replied 2 years ago.

Hi Clare

Please see my response below. What I need is the answer to my original question i.e. do I need to submit all these papers again.

Please reply asap.

Thank you,

Maneeza

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
I have real concerns about this application.
Child maintenance is not about your household needs - the court will follow the CSA (CMS) guidelines - which is 12% of his gross income at most.
Equally I am afraid that the fact that he omitted the assets from his original Form E is not going to bring any penalty and is not likely to be sufficient to influence the outcome of the variation application
However if you are determined to go ahead then I am afraid that yes you will indeed have to provide the paperwork - however if the Form's E were in fact signed recently you can simply rely on thes eif his solicitors agree
Please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for that.
What options do I have?
I was given ill legal advice. He lies under oath and there has been a change of circumstances as to the mortgage.
Surely he has a duty as a parent emotionally and materially.
The consent order is very unfair and leaves me with little to bring up a child.
Thank you for your help.
Maneeza
Expert:  Clare replied 2 years ago.
Hi
What assets and debts were there and how much do you earn?
Clare
Customer: replied 2 years ago.
He had endowment policy running on track of £40,000, pensions of £40,000, savings of £10,000.
Myself, debts of £40,000 as to the state of the marriage. He only contributed to less than half the mortgage and did not contribute towards food or uniform, clothing for Maria or myself. In fact he had it pretty good like a lodger accumulating savings.
I had an endowment policy due to pay £66,700 and only paid £35,000 which I used to pay off some of the debts to try and manage on income of £14,700 but then the mortgage payments went up and now I am again in debt as have been living off credit cards.
Maneeza
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth ad how much is outstanding on the mortgage?
How long have you lived together?
Clare
Customer: replied 2 years ago.
The house is worth £600,000 and the outstanding mortgage is £230,000.
About 13 years together.
Please do not advise me to sell as the whole purpose of this struggle is to keep Maria and myself in the family home.
It wa bought in 1997 for £145,000 a year before Maria wa born. He left then when I was 6 months pregnant and my mistake was ti beg him to come back as I was frightened bringing up child alone.
Maneeza
Expert:  Clare replied 2 years ago.
Hi
have you considered a lodger?
Clare
Customer: replied 2 years ago.
Hi
Have one already but running short by £500 pm as to the debts built up. When C & G changed the mortgage to full repayment I was fighting with them through complaints and Ombudsman (useless) and not to harm credit rating and miss payment I was pulling cash out of the credit cards to meet shortfall.
Hence the application for £500 due to change of circumstances.
Maneeza
Expert:  Clare replied 2 years ago.
Hi
I am sorry - I do understand the position that you are in - but there is simply no basis on which the court will grant this application and no reason why your ex should be asked to fund this gap.
He is paying the CSA equivalent and is not legally required to make any further contribution to the expenses of your daughter.
You could argue for a larger share of the equity based on his earlier non disclosure but only if you can show that there was no way that you could have been aware of their existence - and it still would not entitle you to more maintenance
I am sorry - I know that this is not what you wish to hear but sadly it is the legal position that you are in
Clare