How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

Clare My role was confirmed redundant on the 5th of

This answer was rated:

Hi Clare My role was confirmed redundant on the 5th of November , I advised my ex and the PRFC Holborn prior to a first appearance on the 16th November( this was regarding my earlier request to dismiss various orders) We attended court ( representing ourselves
) but the Judge had not looked at either of the form E's , he was also not prepared to penalise my ex ( she hadn't completed the form correctly , documents missing or had it sworn under oath ) instead he asked me "if he had a magic wand what would I like ?
". I said well as ive just lost my job ( notified to the courts 7th November ) I'd quite like you to suspend spousal maintenance and look at my chidrens maintenance as they not children ( 17 and 19 ) anymore. He then Turned to my ex and asked same question.
She said she would like this process stopped as she couldn't afford to run her home with out the money I contribute. The Judge said in times like this you need to talk to a mediator I pointed out that's why we're here as she wouldn't go to one ( please look
at form E ) I said what about school fees.? I didn't get a bonus and it states that fees should be paid from bonus I was forced to get a loan . the judge said " there are ways that you must try , contact the school or do you have a rainy day fund , ? I mean
if you weren't divorced you would find the money somewhere - you will have a redundancy payment . At this point I said " yes , I will get a package but I am now unemployed and have 2 additional children - I said this was not agreed in my court order " I said
in any event I'm advised that the respondent only has claim on my salary in lieu of notice - he looked at me and said "I cant advise you on this" . He then asked my ex if there were any questions she would like to ask. She had a long list but mainly about
my new wifes finances - this was not requested or required in the form E. He said that I need to get my new wife to detail her finances in writing to my ex wife ( seems odd ? ) He asked me if had any questions and I asked why my ex had not submitted a house
or pension valuation and why her house was down valued - he said it was not really relevant at this stage ?! It was frustrating meeting - I felt the judge was quite frankly incompetent at the end of the meeting he said that there would now be an FDR (date
to be submitted ) but in meantime we should try and use a mediator to resolve - I have asked a mediator to contact my ex again Sorry bit of a long winded summary but my questions are as follows 1. Why did the judge not dismiss spousal maintenance as I'm now
unemployed.? Whilst I I will receive a redundancy payment my ex is working yet it seems I'm still required to keep paying her the same amount and school fees ?!! 2. Am I required to disclose my ex gratia payment and does my ex have any claim on this? 3. Did
the judge follow the correct process and if not can I make a complaint ? 4. My new wife is not happy about divulging her income ( she doesn't work ) direct to my ex. As she is not allowed in court or involved In the process - The fact that the judge has not
acknowledged my 2 other children. ( 10 months and 2 years ) but inferred that I should find a way to pay for our eldest sons education is quite frankly bizarre Thanks
Thank you for your question
You clearly had a very frustrating day - the answers you requested
1. Because at this stage he did not have the power to do so - this was a Directions hearing
2. You do have to disclose it - but she has no claim on it other than within the Maintenance claim
3. Yes he did - albeit sloppily
4. You wife does not have to give details - but an overall picture of what income she can contribute to the household is relevant
Please ask if you need further details
Customer: replied 2 years ago.
Thanks Clare - it would have helped if the judge had made it clear at the outset that the meeting was just a " conversation between parties " With regards ***** ***** ex-gratia payment when you say "within the maintenance claim " do you mean that if she could show that the amount is enough to cover my reasonable out goings and maintenance for her and the children for the next 6 months she could argue " pay me for the next 6 months on a monthly basis Ie as per normal "
Not necessarily no - however if the court is looking at discharging the Spousal maintenance altogether then they could order a final lump sum payment
Customer: replied 2 years ago.
Ok. But I assume the court would look at my overal circumstances ie job prospects , wife not working ,2 small children , my outgoings etc versus my ex wife's position ( she is working , hardly any real debt , 2 eldest children are now. 17 , 19 ) before deciding to award a lump sum to dismiss spousal maintenance claims ? And this of course would only happen at the final resolution. ? And I also assume there is no reason why I couldn't suggest a without prejudice offer/ one off payment before ( mediation) /at the FDR meeting ?
Yes both those statements are correct!
Customer: replied 2 years ago.
Thanks Clare that is very helpful. I will attempt to get my ex wife to attend mediation before the FDR.
You are most welcome I hope all goes well
Clare and other Family Law Specialists are ready to help you