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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35213
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner is due to attend court next month to argue an

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My partner is due to attend court next month to argue an application brought by her ex husband to have his child maintenance obligations reduced actually he is seeking a total dismissal, my partner has been very stressed by the unpleasant experience and feels very intimidated by the process, we had a solicitor but to date the fees have racked up to an astonishing £12000 and we are no further along, we are also concerned that the applicant will ignore any court direction that goes against him therefore we are throwing good money against bad, I am very up to date with the matter and would like to speak on behalf of my partner, how do I or my partner request this to the court?
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 old are the children and why is he applying for a reduction
Customer: replied 4 months ago.
The children are 17 and 19 respectfully, ***** ***** made by the court was for him to pay 230 per child per month until the end of their tertiary education/university, he is applying not just for a reduction but a full discharge on the grounds that he no longer has the means to pay, which is nonsense has the man lives in Switzerland commuting back and forth to the United Kingdom generally leading the life of riley, he has committed perjury to the courts in his variation application regarding employment and assets eg he is unemployed yet we have companies house records confirming registration of a new company in which he is a director and that he has no assets, we have title deed copies to 4 properties to which he is beneficial owner, but I simply want to be able to address the court on my partners behalf as she is not confident and feels very intimidated.

have you also applied to enforce the arrears?

Customer: replied 4 months ago.
we have managed to secure charging orders on three of the properties but he has been very clever and we are 2nd and third in line, so the likely hood of any value is minimal, he has transferred one property to his new partner at a gross undervalue and we are considering applying for a reversal on the sale however again the costs factors for all this needs to be considered and we have already wasted £12000 getting charging orders and defending the application to vary the maintenance order and he still makes amockery of the court system.

You are entitled to apply for permission to support your wife during the hearing as a McKenzie friend - but this does not give you the right to speak - and frankly if her ex objects (and he will) then you will certainly not be able to speak for her.

One way of dealing with this is for you to deal with the preparation of the case and everything else - and then appoint a barrister to actually deal with the hearing

I am sorry not to be more positive - please ask if you need further details

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