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Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex husband and I divorced in 2010. I had a family

Customer Question

My ex husband and I divorced in 2010. I had a family business and in the divorce it was written that he was to work for the business in lieu of csa and to pay for the childrens school fees (he is also a fireman). In 2012 the business closed and I had no income. I went to the csa and 10 months laterI was receiving regular payments from my ex via the csa. He said he would contribute towards the childrens school fees, but never has. Instead he took £7000 from my business account; bearing in mind that this money was in lieu of csa. Am i entitled to that back (the account was joint signatory, unfortunately) Furthermore, we have 3 rental properties jointly owned, which were bought for the sole benefit of our children. I have always maintained the properties, has I have an email advising that he refuses to maintain them, from 2012. I have been using the income to pay for school fees so that the children do not have any further disruption in their lives. Now he is asking for half the rental income back. He is suggesting that the divorce only states that the equity in the properties are for the children; the income is not specified. I have used the income to pay towards the school fees. I have not kept a penny for myself. Will I have to refund him? The income is £22,000 and I have paid £84,000 in school fees.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Please confirm if you are in England or Wales?Also, was a financial settlement approved or made by the court that dealt with all the finances, or only the CSA?
Customer: replied 1 year ago.
I am in England. There was a financial settlement.
Expert:  Harris replied 1 year ago.
I would need to see the full order so that I can give you accurate information. If you are able to black out the personal details that will be help. Without seeing the full order or the exact details it is difficult to provide accurate information
Customer: replied 1 year ago.
i can't seem to get the document copied over to you.
Expert:  Harris replied 1 year ago.
Are you type out the order?
Customer: replied 1 year ago.
the parties hereby agree that the properties which are currently jointly owned listed below will remain in the party's joint names.
The parties hereby agree that the cost of any work required to maintain the property, building insurance ans any additional fees with regards ***** ***** accountants fees regarding these properties will be borne equally between the two parties.
both parties acknowledge that any equity in the properties is for the sole benefit for the children of the family only. Such equity is to be used to pay any future education costs or to provide for the children's needs. Such equity will not be released without the consent from both parents. The jointly owned properties are as follows: ....
It being noted that both properties are currently being rented out and will continue to do so until such time that the equity will need to be released for the benefit of the children.
The parties hereby agree that the applicant will make no claim against the Respondent's pension fund with Merseyside Fire Brigade Service and his private pension fund.
The Respondent has given an undertaking that he will continue to pay child maintenance for the children ..., each month by carrying out plumbing work for the Applicant's business (for which the Applicant receives payment directly in lieu of child maintenance). Child maintenance will continue to be paid until the children cease full tertiary education.
In the event that the costs of the work undertaken by the Respondent is not consistent with what he should be required to pay in accordance with Child Support Agency guidelines, the Applicant will refer to the Child Support Agency.
Expert:  Harris replied 1 year ago.
Thanks for the confirmation regarding the court order. It is unfortunate that the order does not specify details of the rental income or school fees, but it appears that the order has not been complied with as he has not shared the costs of the maintenance equally with you.Given that there is no clear information in the court order regarding the sharing of the rental income, but as he has not assisted you in funding the school fees or the rental income I feel he would find it extremely difficult to successfully apply to court to obtain a share of the income if you have used it all for the school fees.If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.