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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2788
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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From my FDR I have a no order order in regard to application

Customer Question

From my FDR I have a no order order in regard to application for child's education etc cost for my son. I believe that this now allows me to make application for my son's needs under the children's law.
1) please explain what it means - No order and implication
2) how do I go about making an application to cover my son's needs?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Can you please confirm the exact wording of thr order and if a final hearing/pre-trial review has been listed or in the process of being listed?

Customer: replied 1 year ago.

It was a messy FDR due to my solicitor and barrister negligence perhaps or conflict to my position. I was under such a lot of pressure not to go for FH as a result from them and the other side trying desperately to prevent FH. it was horrible so I just insisted on my son's need. See I got worst settlement and situation where my ex was trying to prevent me from applying for my son's needs. But in the end it was just recorded on the order that no order was made in respect of child's educational needs.

I don't have the exact wordings yet as this was just on Friday or they final order yet. There was a problem with disclosure and it was becoming too costly for me. I felt they had predetermined my fate.

what do you advise? Can you not help without the exact wording?

Expert:  Harris replied 1 year ago.

What is his gross taxable income and does he reside in thr UK?

What are your sons needs?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.

Hi

I was unable to open your reply until now, hence delay in responding.

1) His gross basic income salary is approximately £75K. He resides in the uk. At FDR he claimed that his bonus has been reduced from nearly £60k to a mere £3.5k for the first time since his employment with the company in 16 years, and timely too. There was a lot of issues with disclosure - hidden investments, pensions, properties he claims to be bought on behalf of his brother even though he went to the auction himself etc.

2) My son's needs

- schooling, he is in a fee paying school. I have applied for a bursary for his sixth form study starting in September. but even if he gets bursary he I will have to pay for all of the extras including subject trips, which tend to cost in excess of £5000, going from previous years to date. I also want contributions to his further education into university

- Music, he is in a music conservatoire. My son is a talented individual and his compositions have won both national and internationally at his age. I want his dad to contribute to his music study, instrument purchase and event costs such as when he is away from home for concert events - travel and accommodation etc

- Athletics, he is a talented athlete with national standards already. It is costly training, travelling, accommodation etc

- medical- sadly my son has serious medical condition too and need regular hospital visit and some times private medical treatment if long waiting is a problem. I need to get a private medical insurance please

please advise how I can make application his dad's contribution?

Expert:  Harris replied 1 year ago.

Thanks for confirming. Unfortunately as you appear to have now agreed a settlement it will be much more difficult for you to return to court to claim further financial assistance from the father, despite the needs you have stated.

You will need to check the exact wording of the order as it may be that the order states that you no longer have the right to pursue a further claim against the father given the financial settlement at FDR.

I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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 using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 1 year ago.

Hello

I have now got the exact wording which is as below. I believe that I can make application tot he court regarding his educational needs etc. Please can you advise how incurring cost to do with extras could be applied for.

exact wording:

9" AND UPON it being recorded that no order has been made in respect of The Applicants application for an order in respect of expenses incurred in in respect of the child being educated."

Expert:  Harris replied 1 year ago.

What about the other paragraphs and clauses? Can you attach the full order?

Customer: replied 1 year ago.

I find it difficult to attach the order. But I have copied and paste as below:

3 Introductory Recital

UPON the Husband and the Wife agreeing that the terms of this order are acceptable in full and final satisfaction of:

a) All claims for income;

b) All claims for capital, being lump sum payments and transfers of property;

c) All claims in respect of each other’s pensions;

d) All claims in respect of personal belongings and contents;

e) All claims in respect of costs including those of the main suit;

f) All claims against each other’s estate on death;

g) All other claims of any nature which one may have against the other as a result of their marriage howsoever arising either in England and Wales or any other jurisdiction

4 AND UPON the Husband and Wife agreeing that the contents of the former matrimonial home and their personal belongings shall remain that absolute property of the party in whose possession they are now are

5 AND UPON the Husband and Wife agreeing that neither of them has any legal or equitable interest in the property or assets owned by the other except as provided for in this order.

6 UPON IT BEING RECORDED and the Husband and Wife agreeing that they shall each be responsible for discharging their liabilities in their respective names and that neither have any liability for the debts of the other

7 AND UPON the husband undertaking to the Court and agreeing to pay the Grange School Handforth the sum of £2,943 in respect of outstanding school fees on or before 4pm on 17.06.2016.

8 AND UPON it being recorded that the Respondent will not seek to enforce the order for costs made against the Applicant in the order for Maintenance Pending Suit on 4.12.2015.

9 AND UPON it being recorded that no order has been made in respect of The Applicants application for an order in respect of expenses incurred in in respect of the child being educated.

10 Undertaking with regard to MWPA

UPON the Husband and the Wife undertaking and agreeing that neither of them shall institute proceedings under the Married Women’s Property Act 1882 Law of Property Act 1925 Trusts of land and Appointment of Trustees Act 1996.

ORDERS

By Consent With Effect from Decree Absolute it is ordered That:

11 Lump Sum Order

The Husband shall pay or cause to be paid to the Wife a lump sum of Twenty Two Thousand Pounds on or before 16:00 on 17.06.2016.

AND IT IS further directed that interest shall be payable by the Husband at the rate applicable for the time being to a High Court judgement debt on the Lump Sum from 17.06.2016 until the date on which the Lump Sum has been paid in full.

13 The order of maintenance pending suit made by District Judge Wheeler on 04.12.2015 shall be discharged forthwith.

14 Clean Break: Conditional (Including Upon Death)

Upon payment of the lump sum as provided for by paragraph 11 of this order and compliance by the Husband with his undertakings to the court provided for by recitals 7 of this order and upon the making of a final decree herein the Husband’s and Wife’s claims for financial provision, pension sharing and property adjustment order do stand dismissed.

Neither the Husband nor the Wife shall be entitled:

1 to make any further application in relation to their marriage under the Matrimonial Causes Act 1973 s.23(1)(a) or (b) or

2 to make an application to the court, on the death of the other, for provision out of his or her estate.

15 Order as to Costs

The Husband and the Wife shall each bear their own costs insofar as this application and the negotiations ancillary thereto are concerned. (Including the costs of the notice to show cause application and of today).

16 Liberty to Apply

There be liberty to apply as to the implementation and timing of the terms of this order.

17 Signature Clauses for Undertakings and otherwise

Undertakings

To do or abstain from doing any act other than the payment of money

1 You may be sent to prison for contempt of court if you break the promises that you have given to the court.

2 I understand the undertaking I have given, and that if I break any of my promises to the court I may be sent to prison for contempt of court.

Expert:  Harris replied 1 year ago.

Thank you for confirming. Unfortunately, you will find it extremely difficult to now pursue an application given that there has been a financial settlement. Furthermore, as the father's gross income is £75,000 per year, the court does not have jurisdiction to deal with child maintenance and you will need to submit an application to the Child Maintenance Service. His legal liability will vary between £127 per week to £56 per week, depending on how many nights per week on average your son stays with him.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.

The child does not spend any night with him.

I believe the no order made regarding the extra needs should allow my application for his extra needs on top of the child maintenance. Are you saying that the court does not have jurisdiction to deal with application for his extra education needs?

Expert:  Harris replied 1 year ago.

In that case his legal liability for child maintenance will be £127 per week so long as there are no other children in his care.

Unfortunately, even if you were to pursue a Children Act application for child maintenance, the court will look at the same criteria as the Child Maintenance Service and their calculation will be the same. He is not legally liable to pay above his CMS amount unless his gross income is in excess of £3000 per week.

As the CMS have jurisdiction in this matter any court application will likely be a costly pursuit for you.

I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you,