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Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.
Schedule 1 of the Children Act 1989 in essence provides that the court can make an order in favour of a child or children where it is in the best interest of the child and is most often used where parents have not been married. The act does allow for lump sum payments and the transfer of property but the court will assess the application in light of a number of factors including:
The financial circumstances of each parent both now and in the future - Here your ex is in a good financial position, possibly even better than youThe financial needs of any children The needs can be met from the savings and income of your ex The income, earning capacity (if any), property and other financial resources of the child - N/AAny physical or mental disability of the child - N/AThe manner in which the child was being, or was expected to be, educated or trained. - Well but then the mother has earning capacity and income I therefore, do not think the application will succeed you will defend the application based on the extensive income and financial resources of your ex. I trust this assists
Yes the court could force you to sell the properties but they are unlikely to do so they will likely enforce the deeds of trust. I do not know how much her court costs will be it depends on how long it takes, lawyer she uses for example. As mentioned I do not think the court will order the sale of the properties. I trust this assists
They are asking because they want more money for her probably, I am not a psychiatrist though. Why does anyone do anything? It does not really matter, what matters is they are saying they are doing it. In terms of replying to her solicitor, you will not persuade them to not apply so I suggest simply stating that you feel such an application is not necessary as your ex has sufficient means to your children's needs and indeed even more than you. Furthermore, you dispute the suggestion her ability to pay for mortgage payments is as they suggest and you will dispute this in court. I trust this assists
No need to apologise, it is fine. Take care