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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33521
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband is in breach of a consent order made

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Hello, my ex husband is in breach of a consent order made back in 2010, He owes the children maintenance money that he agreed he will pay fixed amount to each child. Last three years he has not paid them. I then contacted a solicitor in the area where he resides sending a polite reminder, he wrote back to my solicitor saying he is unable to pay the amount outstanding. In order to compensate me for non payment he is now willing to transfer his share of the matrimonial home which he owes 30% over to me. Unfortunately I am not working at the moment due to children commitments (one child with special needs) the mortgage company's policy will not allow me to be solely on the mortgage and therefore unable to transfer the deeds over on my name. I need secure paperwork done so that as and when I come to sell the property equity will be 100% mine. This will help me with the cost of my special needs son as I can not totally rely on their father my ex. I have been told by solicitors that the best option is to have consent order amended, not the cheapest option but the most guaranteed . I feel this is the best thing for me , even though financially this is not helping at the moment but will secure mine and both my children's future. It will also save money on hiring a private investigatior to find him if need be in the future. Regards ***** *****

Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your question.My name is ***** ***** do my best to help you but I need some further information first.How much are the arrears and how much is the Share of the Property worth?
Customer: replied 1 year ago.

Hi Clare i think may have replied to the wrong place on the site


Arrears total to over £25,000, the property once mortgage paid im looking at about a gain of £40,000. I'm happy with his share as it will at least pay the deposit towards my new house, he is not aware that i have intentions of selling in a few years to a more affordable property and mortgage, he doesn't pay a penny towards the mortgage. I have to think about the future of both of my sons even more so as i have a child with special needs

Expert:  Clare replied 1 year ago.
Will your ex agree to stay on the mortgage and to amend the Consent Order?
Customer: replied 1 year ago.
Hi Clare ,
Yes he is fully aware that the mortgage company are unable to remove his name and the only option is to amend consent order, I have been keeping him updated with all feedback. Any legal expenses he will be paying half of it. We both have the interest to get this sorted hassle free and the cheapest option available . Hence the reason why I contacted yourself as what the solicitors charge hourly is becoming costly. Most are not giving definite answers as to whether this can be sorted .
Nikki
Expert:  Clare replied 1 year ago.
That is good.Do you know if he has had legal advice - I ask because taking this action does leave him at risk and I wondered if he was aware of this?
Customer: replied 1 year ago.
He is not going to get any legal representative, he is fully aware of what action i can take if he does not come to a decision as to how he will pay the arrears. The decision that he has made is based on the fact that he received a letter from a solicitor in Galway where he lives. This is also why he has agreed to pay half of any legal expenses and given me the authority to look around for a good solicitor. Personally I think I am going to get it done the correct way and not the way he thinks is acceptable. I do accept the property transfer as compensation for non payment of child maintenance. He has now started paying the children from August, again if this stops then necessary steps will be taken. The child maintenance point on consent order will not be changed . The consent order also stated that he is to pay £50 per month towards the mortgage but he has failed to make payment of this. Clare having the house equity 100% will be the best thing that can be done it will ease the pressure off of me with regards ***** ***** to save a huge amount for a deposit. The property at the present time is valued at £250,000 the mortgage plus lets say solicitors and some credit cards i need to pay off will leave me with about £80,000. Giving him 30% will not leave me with that much. The fact that its his decision to do transfer makes its a little easier. The reply he sent to the solicitor in Ireland states that as long as this transfer is accepted as compensation he wishes to do this and has no interest in the property. As he has not lived in the property for over seven years he feels he shouldn't need to pay towards the mortgage . He will be drafting another letter stating that he agrees to the transfer but not through a solicitor. If you need it done through solicitor then i could request that. The remaining work that needs to be done once we are given a quote then I can let him know. Again we are both looking at a cheaper option. I will make my own decision as to whether i wish the work to be carried out as at the end of the day its in favour of me and the children. He understands that if enforcement procedures take place that will cost him legal fees, plus being a manager of a firm he will need to produce an attachment of earnings, i don't think he wants the embarrasement .
Expert:  Clare replied 1 year ago.
Just to check - are you in the UK or Eire?
Customer: replied 1 year ago.

Im in the uk, Dunstable, Bedfordshire.

He lives in Galway southern Ireland, escaped there so he didn't have to pay child maintenance through CSA, hence the reason I had it put in the consent order.

Expert:  Clare replied 1 year ago.
Thank you for that.May I ask - would you feel confident to deal with the Court yourself?
Customer: replied 1 year ago.

Yes Clare I would as I have not breached against the order made, would I have to attend court that's my only worry as I mentioned I have a child with special needs in order for me to change one day I have to make a lot of arrangements which doesn't come cheap. But if this the cheapest option and the quickest then it will have to be the case.

Does Neil Bhogal have to attend, obviously I can not speak on his behalf but as well as i know him I very much doubt he will.

Expert:  Clare replied 1 year ago.
What needs to be done is for the new Order to be prepared and for you both to sign it - and to prepare a D11 - again signed by both of you - and an up to date Statement of information for a Consent OrderIt is likely that the Court will list a hearing - but your ex can write in and explain that he consent to the Order but does not wish to attend
Customer: replied 1 year ago.
How much I am I looking at with regards ***** ***** cost please Clare
Expert:  Clare replied 1 year ago.
If you deal with it yourself - just the court fee of £95!
Customer: replied 1 year ago.

Hello Clare,

Would you be able elaborate on the charges a little more, how much will it cost to prepare paperwork for it to be lodged into court, I need to expalin these details to the ex so i need to have clear understanding,also if you were to act on my behalf how much would that cost

Expert:  Clare replied 1 year ago.
I would not expect the preparation of the paperwork to cost more than £200 to £300 at mostI cannot act for you as such I am afraid under the rule of the site - but I can make an Additional Services Offer to help you with the paperwork if you would like
Clare, Solicitor
Category: Law
Satisfied Customers: 33521
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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