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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I financially supported my ex husband through a business

Resolved Question:

I financially supported my ex husband through a business failure,bankruptcy, and financed the conversion of a building which came to be our family home. On our divorce, because the house could not be sold as on his families farm, the agreement was he would pay my mortgage and contribute to household bills until our youngest was 17 or until i lived with someone else. Everything was fine at the start. He remarried and had two further children. He is self employed and came to me to ask if he could reduce the payment for a while to go LTD company which he has done. Business became slow and he had to lay off staff all the while he paid half the mortgage (I'm not bothered about the HH bills as I'm working so didn't think it was fair....)He started to miss payments and not tell me until I got bank statements saying I was overdrawn...I threatened to invoke the court order and so he set up DD paying just £250 per month. He says that as our youngest daughter now lives with him I'm lucky to get that! I have found out that he has mortgaged his house to purchase with with 3 others buy to let flats, Can I get the arrears that I am owed? and how do I get what I am due ?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Was the Agreement turned into a Court Order and sealed by the court

Customer: replied 1 year ago.
it was
Expert:  Clare replied 1 year ago.

What is the exact wording of the Order regarding the payments?

Customer: replied 1 year ago.
the respondant undertaking to the court to be solely responsible for all payments of capital and interest on the mortgage secured on....also undertake payments of schedule A which included utility bills insurance etc until youngest child 17 (she's 15)
Expert:  Clare replied 1 year ago.

Are you aware that a phone call costs extra?

How much are the arrears?

Customer: replied 1 year ago.
163;250 at least per month since Sept 2013
Expert:  Clare replied 1 year ago.

Is that on the mortgage itself?

Customer: replied 1 year ago.
Correction since Sept 11 and yes it's regarding the mortgage
Expert:  Clare replied 1 year ago.

Ok - may I ask why you have not enforced the arrears before now?

Customer: replied 1 year ago.
Because as stated in original question to you, he said he was setting his business up as ltd company then business slowed so he had to lay off staff so as he said he would sort things as soon as he was sorted I took the financial hit but it has gone on and I have since found out that the former marital home was turned over to him and he has since mortgaged it to purchase with his wife and her parents a buy to let property.
At first he was fair and considerate but as time has gone on he is getting worse.
We had two children together and our youngest was being bullied at school and wanted to change schools, she decided that she wanted to live with her father (only 10 miles away) to be part of a "family" mum dad and siblings.. this was in august 2013.
I have also found out this week that he may be selling the flats (4 in one house) so if this is the case I was hoping the sale could pay off my mortgage if he were to do this I wouldn't worry about any arrears but be happy for him not to have any financial links or hold over me.
Customer: replied 1 year ago.
Our son goes to see his father every other weekend but is never taken on holiday when the rest go, at Easter they went to Ireland and in August they are going away again not taking our son(I know he's 17 but does have feelings) I take him out for the day and get asked why our daughter isn't asked to go too?? . My ex has new things cars/motor cycles and I am now struggling to pay for the basics that go wrong.. washing machine fridge etc. I have "kept quiet" up til now wanting a peaceful existence for my children but now that I hear he could be selling flats I need to make a stand ,also the children are older to make up their own minds about what is going on
Expert:  Clare replied 1 year ago.

In other words you are a nice person - sadly the ones who most often lose out

You are entitled to apply to the court to enforce the Order - and to claim the arrears.

You will need the permission of the court to enforce the arrears that are more than 12 months old

The form that you need is here

http://www.familylaw.co.uk/system/uploads/attachments/0002/0863/D50K.pdf

I suggest that you let the court decide how to enforce the order

Indeed at the same time you may wish to apply to vary the Order so that he pays off the mortgage in full which was clearly the original plan.

This is done using a Form A available here

https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you