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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 2499
Experience:  Consultant Solicitor at Setfords
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My ex and I are separated, one child. He is employed but

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My ex and I are separated, one child. He is employed but also owns 5 properties he rents out and owns 2 companies that I know he has earned millions from through property development but companies house say he only earned 11k last year. Seems he has hidden it. He lives the high life, put my son in an expensive school and exorcism ke to pay for the lifestyle I can’t affird. He kicked us out of the family home with nothing and told us to go in the social. How can I go about getting the correct maintenance?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No. I saw a solicitor but her advice was as he’s a narcissist if I go to court he will be a convincing liar and I could end up with far less. I don’t have the money to fight him.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I am in the uk
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello, my name is Marcus.

Do you still require assistance. I would like to help you.

Thank you.

Customer: replied 1 year ago.
please.

Hello,

I believe you have 2 options.

Firstly as regards ***** ***** you can make an application to the Child Maintenance Service. No doubt he will manipulate his income and in the first instance the CMS will accept his most recent tax returns as his income. However the CMS can upon request look into the matter deeper and take into account unearned income such as rental income etc.

In honesty though it is hit and miss how useful the CMS will be. I have certainly come across differing accounts of their attempts to ensure a correct assessment is made.

As you were not married and therefore you personally have no claims unless you made financial contributions towards the home you previously shared you can make a claim against him under schedule one of the children act.

This can be for :

- Capital needs i.e car, and needs of the children such as furniture, laptops for school work and so on.

- The provision of a home until the children are 18 in the event that he has sufficient wealth.

If you were to make an application under schedule one the court would in the first instance require full financial disclosure. The court can also order additional information if so required and have teeth to ensure that the information is provided i.e they can send someone to prison for failing to provide information. So there is a forensic approach to determine his true wealth.

I hope this helps. If you have any further questions please do not hesitate to ask.

There maybe a delay to any further responce as I will be offline for s while.

Thank you.

Marcus.

Customer: replied 1 year ago.
I know the CMS are useless and that he will fight to take my son for more nights to reduce his payments.We lived in his house which I gave him 25k to put into, he gave me this back when he kicked his son and I out. I owned a property that I had rented out and my son and I loved into that, it is since then he has made his millions. Would I be able to make a claim for a roof over my sons head when I own a home, albeit a modest 2 bed? How do I apply to the court? Would I need a solicitor?

Hello,

If you went down the route of the CMS and encountered any problems or even wanted to discuss the matter with someone before hand I will provide a link for someone who is a whizz at there sort of matters. I have known him for many years.

As for the schedule one it could be more problematic if you already own a house - albeit a modest one.

It will depend on the property that father lives in. The court could be persuaded that there should not be a marked difference between the homes. It will be accepted that any house provided should not be at the same standard as father's but by equal measure should not be far short.

The way in which you would argue the case is that allowing for the equity in your house and any mortgage capacity you have you would need £x to buy a more appropriate property. However as the obligation of father is to provide a property whatever his % contribution to a more appropriate property that would revert back to him when your son is 18.

As schedule one can be quite technical ideally you would need a solicitor to represent you. However if you cannot afford the fees you can apply for a legal services order being an order that father pays yours fees.

As this is not a commonly practiced area of law any Solicitor is likely to obtain an advice from a specialist barrister who is likely to have a better idea of the attitude of judges in respect of such applications.

Thank you.

Marcus

PS the link for money matter is someone as I say is a whizz at these sort of matters and knows the go to people in the CMS. It would be worth talking to Paul before making any application to the CMS.

http://www.moneywatchers.net/

Customer: replied 1 year ago.
The family home we lived in is worth a mil, he built 12 properties on his land and is living in one for a year to prevent paying capital gains tax and is renting the family home out. In addition to this he rents out 2 further properties with a market value of around 500k, he has just bought his girlfriend a 319k property that she pays rent to him for plus he owns a fifth of a farmhouse plus 200 acres of land. My property that my son and I live in is valued at 190k. He also works and earns around 70k a year, I earn 25.
Customer: replied 1 year ago.
I am aware that CMS only go by his PAYE, he has fiddled it that his propert developments only earned him 11k last year. And that CMS do not take assets and property into considration.

Hello,

I really do think it is worth a call with Paul at Money Watchers.

The CMS can take into account unearned income but do need some pushing into doing so.

Paul will be able to provide you with better guidance he knows the system inside out and all the decision makers.

As for schedule one I do think in light of his wealth it is worth at the least getting an advice from a specialist barrister. At first blush it would seem there is merit is such a claim.

Thank you

Marcus

Customer: replied 1 year ago.
I have spoken to a very good solicitor about this. As my ex is a narcissist she feels he will lie in court (very convincing liar) and that I could actually come out with less than I go in with. I know he will use our son as a weapon and try to gain full custody of him using as many smear techniques that he possibly can. Also he knows that I am weaker financially and he can afford the best solicitors.

Hello,

I fully understand that but financial matters are objective not subjective.

He will have to provide bank statement, mortgage statements, tax returns etc. The court have powers to ensure these are provided.

The court can order valuations etc.

In such cases I also ask for copies of mortgage application forms to see what he disclosed his income was. The reality is that the documents exist.

As for legal fees you can apply for a legal services order i.e he pays your fees. There was a recent case where a judge ordered a wealthy husband to pay £1 to the wife's Solicitor for each £1 he paid his own Solicitor.

All that said you know him better and although I would be confident that you will get justice only you know how difficult he will be with you both during and following the process.

Thank you.

Marcus

Customer: replied 1 year ago.
I understand about the earning for mortgage etc but I have already been told that the 2 mil he got for selling his land for development is not liable for me to claim against. For instance I know he bought the 319k property outright with no mortgage. He has a highly astute accountant, who not illegal would be highly immoral in hiding his earnings and money. Ik just slightly afraid how a court would get around this. I have all the land registry documents pricing he owns these properties. I understand that I would have to be an unfit mother to lose custody of my son but legally he has 50/50 although my son lives with me 10 nights out of 14 atm. My sons welfare is paramount and I do not want his father to change that. His father thinks my son is a possession and will use him as a pawn to keep control. Would the courts take this into account? I have documented everything and can prove that my sons welfare is not his main concern. Unfortunately he is exceedingly charming and convincing and can play the victim very well to his advantage.

Hello,

It is difficult to say whether the court would recognise him using your son to keep control. It all depends on the information you will rely on to demonstrate your position.

Sadly with litigation there are no guarantees.

Thank you.

Marcus

Customer: replied 1 year ago.
what would be your suggestion? Going through child maintenance or using a solicitor for the courts to look into his finances? It doesn’t seem right that he gets away with this when he is actually using his son when the courts should be putting the child first.

Hello,

It is not the case of one or the other - you can do both.

It is the CMS for child support - I would contact Money Watchers first to discuss and court for capital.

Thank you.

Marcus.

Hello,

I would be most grateful if you could kindly rate my answer to enable me to get credit for it.

In the meantime if you have any further questions please do not hesitate to ask.

Thank you.

Marcus.

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