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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2541
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex partner with child to whom i was never never married

Resolved Question:

My ex partner with child to whom i was never never married and paying csa took me to court last year under schedule 1 for financial remedy asking for funds re update of house. Nov 15 we settled on 35k rather than go to full hearing less than a year later she has sold the house...am i in a position to challenge this as she has clearly not used the funds as intended.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question.
Was a court approved order made outling terms of the agreement?
Customer: replied 1 year ago.

Yes an order was made that the settlement was for the upkeep of the house in order to provide a safe and secure home for my 3 yr old daughter. The judge did not believe that this money would suffice for the mother and advised her to sell her house and allow me to provide a modest house for them both until she was 18 but she chose not to do this wanting a cash settlement

Expert:  Harris replied 1 year ago.
Thanks.
What has the £35,000 settlement been used for? What are the reasons for her selling the house?
Customer: replied 1 year ago.

Apologies for delay batt ran out...35 k i dont know what has been used for 4 times ive asked for that info from her solicitor and has not been forthcoming. It is my belief that she used part of it to pay sched 1 legal bills as her firm allowed her to roll up yhe account..also she is contedting my CAO and o have no doubt the rest has gone on that...i have not been informed as to why she sold the but there was sognificant equoty in the property. The money i paid was meant to ensure that my daughter had a nice home and her own room ..she is now living at hrr grand mothers sharing a room with her mother

Expert:  Harris replied 1 year ago.
Thanks.
You will need confirmation of what the £35,000 was used for in order to support any application to court regarding this, so would suggest you continue to chase her solicitors and inform them that you will restore the matter to court if they do not respond.
Customer: replied 1 year ago.

Yes am aware of that much myself. What i need to know and what are posdibilities around challenging this..esp given it could be argued that she has misled the court, furthermore the fact that she has not used the funds appropriately and has profited from the sale of her house what ever the reason

Expert:  Harris replied 1 year ago.
In order to set aside the court's decision regarding the payment of £35,000 you will have to prove fraud, mistake or material non-disclosure. You will also have to go on to show it would have materially affected the outcome if that information were disclosed during negotiations. This bar is very high to meet as you need hard proof that she mislead the court at the time.
One thing to check, did she hive any undertakings that the capital will be used for the purposes stated?
Customer: replied 1 year ago.

Ok but if you agree on a settlement an order is made...surely one can not be seen to be making a profit from such a sale less than a a year later...where is the justice in that for the respondent and b...that your daughter is now in far worse predicament than when made the original claim.

Expert:  Harris replied 1 year ago.
If the matter were to return to court she will have to justify her actions and the reasons for the change in accommodation. The £35,000 you agreed to provide should have been for the benefit of your daughter and she will need to show that it went towards that.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2541
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Expert:  Harris replied 1 year ago.
Hi David,

Hope this information was of assistance. Have you managed to progress matters? Please let me know if you have any further queries.

Regards

HH

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