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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33507
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner is ill worrying - he's at final hearing and it's

Customer Question

My partner is ill worrying - he's at final hearing and it's been found he's used his earning to pay deposit on new house - this was 1 year after separation and he has full custody of two children. Will the judge in final hearing use miss truths albeit they know about new house, against him? He's offering his ex enought to rehouse and 1500 month SM - he can prove he cannot afford more and he needs some monies to pay his debts and legal bill. Will the judge exercise section 25 as he has the children as his outgoings are proven against statements from bank and his ex pays nothing towards kids? He's making himself I'll I'm so worried. Surely the judge expects parties to try hide bits but he's done that to protect their home?
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
Not sure if this is workin
Expert:  Clare replied 4 months 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

How much was the deposit and has he declared his ownership of the house?

How old are the children?

Customer: replied 4 months ago.
Deposit was 90,000 he borrowed some from my parents with written agreement and legals from his business this was after their separation - no monies came from any marital assets at all. He has custody of both children aged 9 and 12
Customer: replied 4 months ago.
He didn't disclose this till last week as had no representation as huge legal bill all he wants from marriage is his rental property so he can sell it to pay legals and pay loan back he's offrred Her all monies on account plus she stated she could only work 16 hours a week but has been working lots more
Customer: replied 4 months ago.
He's so worried as decision is tomorrow - they've focused whole day today on this house purchase making him out to have done worst ever yet it was after separation with own money
Customer: replied 4 months ago.
Sorry I'm stressed
Expert:  Clare replied 4 months ago.

Just to check - he did not declare his ownership of the property until this week?

Customer: replied 4 months ago.
A week before hearing as no solicitor and thought it non marital unfortunately he read up and panicked
Expert:  Clare replied 4 months ago.

Are you aware that the site charges more for a phone call?

How much is the equity in your current home - and what are the matrimonial assets worth?

Customer: replied 4 months ago.
Are u still there
Expert:  Clare replied 4 months ago.

Are you aware that the site charges more for a phone call?

How much is the equity in your current home - and what are the matrimonial assets worth?

Customer: replied 4 months ago.
The equity in new house just in his name is ***** ***** loans are over that amount - 280k on conveyancing from sale of FMH and he has own business but it's not 100% owner only 60% he's offered to cover her Form E requirements and a,so pay 1500 a month for life - she has spent 40k her stocks shares by cashing them in he's not touched any of assets
Customer: replied 4 months ago.
Hello
Expert:  Clare replied 4 months ago.

Are you aware that the site charges more for a phone call?

Can you confirm the actual capital assets that there are - whoever owns them - and what debts there are and what income they each have?

Customer: replied 4 months ago.
Hi he earns 150k per year she earns 14k per year he has both children - she gets tax credits of 750 per month he has legal bills of 36k she has same more or less - 70k equity in rental property he owns and new house bought since seperation has 100k equity Howe we he has 15k overdraft from marriage 8k credit card bill and they have 3600k tax bill from Canada when they reserved property there they they didn't buy
Expert:  Clare replied 4 months ago.

How much does a one bedroom property in the area in which she lives cost to buy?

Customer: replied 4 months ago.
Don't worry she's got all the money today plus spousal of 2650 per month his rental property and his pension all of it and he has the kids! Judge has made him bankrupt because he lied in court unfortunately on a document - even so she lied too yet he's list e writhing and she's got more money for single person then he has for him and two children! No justice in this world and he can't claim any money for kids
Expert:  Clare replied 4 months ago.

It is always appealable - and that sounds appealable

Customer: replied 4 months ago.
It's not as his conduct was what made judge change her final decision their barrister went in with documents that proved he wasn't honest and her lies under oath didn't even matter - he has all debts from marriage and apparently can't go to her for child maintenance as that's written in order too! How can that be? Just because he bought his house after seperation now he can't afford to look after kids and debts / how can this happen its sexual discrimination as if woman had kids their needs would be first section 25 has not worked here at all
Expert:  Clare replied 4 months ago.

It is appealable if it is as bad as that - it depends on what the Order actually says

Customer: replied 4 months ago.
We don't have the written order as yet but because of his falsified documents (we printed loan forms but said they were last year but loan was taken last year however we back dated forms) and because he borrowed monies from his business and this was after seperation by 2 years / so they said he was untrustworthy witness whilst he accepts that his ex also lied but whole case was on him and what he's done since seperation and he was told he's over housed himself by taking on huge mortgage but he's got the debt! At MPs hearing he was told to work more than 40 hours and et au pair so he got bigger house to accommodate au pair now bed. Told house too big - and his business valuation she took as highest value and highest salary he received 6 years ago - yet he now has full custody of kids and cMt earn that this is crazy - what can he do if judge said his conduct caused her decision it's absurd that she didn't consider kids at all as he cannot now afford kids hobbies and reading up on appeals they just don't like allowing it and he cannot afford anymore legal costs as now he's lumbered with her legal costs of 30k plus his own 22k how can judges just add debt to
People just because he's managed to borrow before he has the children and she gets everything no debt no kids
Expert:  Clare replied 4 months ago.

Right

It was a rather extensive deceit

However whilst it does render him liable for her costs it does not necessarily mean the actual order cannot be challenged

When will he get the order?

Customer: replied 4 months ago.
He gets it next week - he's got to pay spousal till he dies but will have no pension and we are talking a 8year marriage! Yes he was and was trying to protect his kids home and she said she was only Nle to work 16 hours but payslips show double that and she admitted her costs were for her and 2 adult sons who still live with her but are not his kids - how can judge decide due to his conduct only not jets that she's going to leave him in debt take his business highest valuation and ignore his needs for au pair yet expect him to pay e writhing and for kids lives too she contributes nothing it's outrageous
Expert:  Clare replied 4 months ago.

His deception and dishonesty was extensive and undoubtedly the Judge found him an unreliable witness who could not be trusted.

However that doe sNOT mean that the outcome cannot be appealed if they are manifestly unfair.

To work that out I need some specific and truthful details about the actual assets and debts and income of each party

Customer: replied 4 months ago.
Actual assets were rental property he owned from fathers inheritance equity 77k FMH sale proceeds 278k business valuation was 350k (was between 197-350k by expert) average of SA302 over past 4-5 years for him was 120k net 100k in new house her salary 11-15k benefits 7500k he has credit card 8k 15 k overdraft from marriage 22k legal bill now her 30k bill a loan of 40k which is genuine to family member - expert said he sustainable income was 230k but his solicitor did not get his questions to the business expert within the time frame due solicitors wife passed away as the experts sustainable income was based on taking every penny in profit out of business was which they cannot run without leaving this in ad they pay labour for work before clients pay on up to 90 days - he appealed the questions to be asked later but her solicitor refused to allow them this was unfair. She has no credit cards no debt he lays her life insurance he pays for her car and he had all kids bills and full
Custody
Expert:  Clare replied 4 months ago.

What assets did she get?

What was the spouse maintenance annual figure?

Customer: replied 4 months ago.
She got 100% of the 278k sale proceeds from
Marital home and 77k equity from his rental property or actually she's gotta release him from that mortgage which is 160k
Then she can sell house to get the equity However he would rather his mum remortgage to give her that as its his dad's inheritance and he wanted that for the children. She got his 80k pension she already had 30k pension and now has work one as part time care worker. He's got to pay 2650 every month for life which equates to annual spousal of £31,800 till he dies but he won't have a pension so how can he pay that after retirement?
Customer: replied 4 months ago.
Also if his SA302s for past 5 years are nowhere near the sustainable income the business expert said by using every penny profit our company then why look at what could be rather than what's been normal for past 5 years? If he takes every penny out business it will cease trading
Expert:  Clare replied 4 months ago.

I she sure about the spouse maintenance figure - it is the only thing that does not make sense

Customer: replied 4 months ago.
Sorry what did u mean?
Customer: replied 4 months ago.
Because he bought his house bigger than they said he needed she changed her housing need from 275k on original Form E to 425k at court
Expert:  Clare replied 4 months ago.

I mean is he certain that he was ordered to pay her spouse maintenance?

It was a traumatic day is he sure he remembers that correctly

Customer: replied 4 months ago.
Oh yes definitely - she wanted 5k a month to live on when she put new needs list at court original one was 3k a month so he knows exactly t figures he had to pay - although he did wrong they've made him have less money with 2 kids then she has with none!
Expert:  Clare replied 4 months ago.

Just because that was what was in her form does NOT mean that was what was granted.

If he was then the Order can be appealed

Customer: replied 4 months ago.
It was what was ordered - do u think that is unfair on figures I've given you?
Expert:  Clare replied 4 months ago.

If that was the level of Spouse maintenance based on his income of £120,000 per annum then I believe it can be appealed

Customer: replied 4 months ago.
Even though it's 150k per year he earns nett?
Expert:  Clare replied 4 months ago.

Even then

Customer: replied 4 months ago.
what would he need to
Do? And would they dig out all old stuff again or would it be like an application to vary spousal as basically the judge has looked at experts report as sustainable income but according to his SA302s he's never ever early that? What would he need to do to get it reduced? They even room out au pair costs but at MPS told him to get one to maximise earning and when he was earning more he wS doing 80 hours week so how can he do that without au pair? Her barrister said 'your girlfriend helps u out' but that's unfair ad u work too
Expert:  Clare replied 4 months ago.

Wait and see what the order actually says and then it can be addressed on appeal

Customer: replied 4 months ago.
Ok thank you can I let you know?
Expert:  Clare replied 4 months ago.

Of course

Clare, Solicitor
Category: Law
Satisfied Customers: 33507
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Hi ClareWe have the order now and it's virtually a blackmail. He's not allowed to go for child maintenance and also need help regarding what to do as it's ridiculous. How cN u help can u call or can I send order to you? For a ten/eleven year marriage this order is for life and it's going to bankrupt what I was a successful man - the judge took a business experts opinion on his possible salary which he's never earnt and his solicitor missed the deadline to question the
Business expert even though my partner put questions bank within the timescale so basically the judge has taken his potential
Salary to be 3k more a month than he's taking! We are so stressed its going to kill
Him please please help
This is not justice or fair and now he's got to find 55k to pay his and her legal bill too he will be bankrupt die this and he has both children whilst she has 4500 a month no mortgage no bills no kids
Expert:  Clare replied 4 months ago.

Right - send a copy of the order with the paperclip button and we will try and sort it

Customer: replied 4 months ago.
Ok
I'm
On my
Phone so I'll sign in to main computer after I scan it and then I'll attach it where it says add item? Is that right?
Customer: replied 4 months ago.
Hopefully this has worked
Expert:  Clare replied 4 months ago.

That is vicious

Has he asked his Barrister if he can appeal?

Customer: replied 4 months ago.
Hi barrister said it'll cost too much - we have no money at all and feel blackmailed please what can we do
Customer: replied 4 months ago.
Are u still there
Expert:  Clare replied 4 months ago.

Sorry I missed your reply.

Did the barrister say if it was actually appealable - that there was a basis on which an appeal could be made?

Customer: replied 4 months ago.
No the barrister said its because of the conduct and because the business expert report which my partners original solicitor failed to put his questions to the expert within the timescale as his wife died do the judge took the experts figures and that's 3kmore a month than he earns or has earnt and his barrister said it's quite normal to not be able to claim child maintenance as well - I'm sure a man wouldn't be allowed to
Not pay it regardless if the mother even won
Lottery - we don't know what to do as this order is like being blackmailed
Expert:  Clare replied 4 months ago.

Did your partner ask him specifically about the Child maintenance issue?

Customer: replied 4 months ago.
he did
Customer: replied 4 months ago.
fact judge went with experts calculations even though last 6 years SA302 do not show the warnings the expert has predicted
Customer: replied 4 months ago.
I'm not sure if you are getting my replies -
Customer: replied 4 months ago.
Hello Clare I've not got any response
Customer: replied 4 months ago.
Hello I'm wondering if u are still there as feel lost as sent order through and I don't know what to do now? Nobody is helping

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