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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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Hi Clare. I formally agreed a divorce package which included

Customer Question

Hi Clare. I formally agreed a divorce package which included provision for our two children (13 and 14 year olds). We share custody but this really only amounts to holidays as they are both at full boarding schools, which I pay for. So, they live with me for 8 weeks and with their mother for 8 weeks over the course of a year. I agreed child maintenance of £30,000 per year. I was advised to accept this very high figure because I would be able to appeal this one element of the divorce agreement. How can I purse this appeal? Who do I need to contact?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was this Order made?
Customer: replied 4 years ago.
It was agreed a year ago following a hearing in the High Court where the judge considers the financial submissions and representations of both parties then gives his view on what might be determined should the matter go to a full hearing. The agreement was negotiated in the corridors and later lodged with the court. I gave my Ex £4m in cash and having now bought a house for herself, she has over £2m in the bank. I have my family home back (worth £4m) but far less cash and a much reduced income (£120k) After school fees (£70k) I'm pushed to give her £30k child maintenance. It is too much and she shops relentlessly for clothes, gifts and shoes they do not need and takes them on lavish holidays which I canot begin to keep up with. Frankly, it's not good for them and teaches them nothing about values. I don't wish my children to be raised in such a spoilt manor. I wish to appeal this one aspect of the Agrement.
Does that help?
Expert:  Clare replied 4 years ago.
What is your income?
Has it decreased at all
Customer: replied 4 years ago.
Clare. Read what I have already sent you. "a much reduced income (£120k)." I had to sell property and shares to give her £4m. I have lost at least £150k of income generated by these investments. Furthermore, I will have to pay CGT of hundreds of thousands in due course as a result of these sales. This, however, is not the issue. Our lifestyle in our marriage would not have involved spending £30k on our children's clothes and holidays. We did not have a crazy jet set lifestyle and would in fact have been tightening our belts significantly now that the children's school fees catapulted from £20k at prep school to £70k at top boarding schools. I inherited my wealth before I met my wife. I lived on income, not wildly spending capital like a drunken lottery winner. The English divorce courts empowered this. The £30k maintenance is too much for the children. Their mother will spend it on them but when it comes to helping them purchase a home, they will wish that they had not waisted so much money on fancy clothes. This arrangement lasts until they finish Univercity so we are talking about a total of say £250k. I feel it is imposing a decadence which is alien to my upbringing and not how I would choose to raise responsible citizens.
I'm sorry to have gone into this much detail. I simply want to know who I should contact to reexamine this issue.
Expert:  Clare replied 4 years ago.
My apologies - but by how much has your income decreased in ways that could NOT have been predicted at the time the Order was made (and yes this absolutely relevant to your question when considering your options