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F E Smith
F E Smith, Advocate
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Experience:  I have been practising for 30 years.
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I am due in court on the 30th for a Financial hearing around

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Hi I am due in court on the 30th for a Financial hearing around my divorce
JA: What steps have you taken? Have you filed any papers in family court?
Customer: My wife is a probation officer and works through her limited company, she invoices the Probation service for over £50,000 a year but pays herself a 15k dividend and is basing her claim on that amount even though her business account shows she lives off all the money she earns
JA: 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: Essex So Chemsford
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes I have to submit my questions etc to the court by the 16th September so need to make sure I get advice before

Welcome to Just Answer.

I will be happy to assist with your question today. I need sometime to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I havenot forgotten your question.

so you wish for her to disclose her total earnings amount?

also pension?

Customer: replied 14 days ago.
on the basis of what she says she earns that affects the entire case. Also she has said our 16 year old daughter will live with her when in fact she wants to live with me. She also has an inherited property that she could live in

Thank you. Let me deal with your daughter first.

She is 16 years of age and the courts will not get involved in where she wants to live.

Your daughter can do what she likes.

Let me exaggerate to prove the point. She could have income of GBP50,000 per annum in her accounts would only take 55p as drawings and therefore all her money would continue to accumulate as capital.

You need the last 3 years accounts because they mean more than what she has taken.

So one of the questions is that sheep submits her last three years accounts.

You can say exactly what you told me as justification for asking her for those.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

Please note that my answer is based strictly on the information that you have given me. If you have not given me all the information, then my answer may be incomplete or wrong.

I am happy to answer any specific points arising from this.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any questions you have if you start your question with, “ For FES only”

Thank you.

Best wishes.

FES

Customer: replied 14 days ago.
Thanks so do I request her accounts via the courts or directly to her representatives?
Also yes I get that our daughter can live where she likes but her claim says she needs a 2/3 bedroom house for her and our daughter and that she will also make a claim via the Child Maintenance Agency?
Customer: replied 14 days ago.
For FES onlyThanks so do I request her accounts via the courts or directly to her representatives?
Also yes I get that our daughter can live where she likes but her claim says she needs a 2/3 bedroom house for her and our daughter and that she will also make a claim via the Child Maintenance Agency?

If she has solicitors or someone else acting for her asked via them and say that if she doesn’t cooperate, you will make an application for a court order to compel her to disclose them.

Simple maths. Even if your daughter is living with her, she needs a 2 bedroom house.

With regard to child maintenance it’s payable the CMS rates which are here

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

Do read the whole document but the basic rates start at the top of page 18.

Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.

If she has solicitors or someone else acting for her asked via them and say that if she doesn’t cooperate, you will make an application for a court order to compel her to disclose them.

Simple maths. Even if your daughter is living with her, she needs a 2 bedroom house.

With regard to child maintenance it’s payable the CMS rates which are here

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

Do read the whole document but the basic rates start at the top of page 18.

Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.

Customer: replied 14 days ago.
For FES only
Thanks but if our daughter lives with me she will not be able to claim CMS?
Customer: replied 14 days ago.
For FES only
I did not receive a Form G from the court. Is this something I have to find and download myself?

I’m glad to help. You only need to write

For FES Only

on any new question threads, this thread comes automatically to me..

If your daughter lives 100% with you or with you more than 50% then she is obliged to pay child maintenance at the CMS rates.

Only of residences 50-50 is it not payable at all.

The court would normally send you Form G but they hadn’t, you would need to get one from the court because I am not aware that it is available online.

Form G is to tell the court whether the parties are ready to go on to the next stage in the court case.

It's a form to be completed by both parties to a divorce in a court case started by an application (by either of them) to court, asking the court to decide how the assets of the marriage should be divided between them.

When the application is made to court, the court sets out a timetable for what the parties must do before before the first hearing (which is called the first appointment). The 1st hearing is set abut 3 months from the date the court receives the application.

Within that 3 months, the parties must each by set dates, file their financial statement in Form E, prepare a chronology of key events, a statement of issues, a questionnaire of the other party, and replies to the questionnaire they have received.

The court sends out to each party a Form G with the timetable and notice of the first appointment, to ask each party if they are ready to proceed to a Financial Dipute Resolution (the FDR) at the first hearing, and if not, why not.

The FDR can only go ahead if both parties have all the documents and financial information that the court has set out in the court timetable, or if the parties are prepared to waive their right to that information and those documents.

So - reasons that someone might put on their Form G as not being ready to proceed to FDR could be - not received the other parties' Form E, or not received answers to their questionnaire etc.

At the first appointment, if both parties are ready, the hearing can go ahead as an FDR. If the parties are not ready, then the district judge will give directions eg the respondent's Form E must be filed within 14 days, and will set a date for the FDR to take place eg in 28 days.

At the FDR, if an agreement is not reached, the case will be listed for a fully contested final hearing.

Some reading:

https://www.judiciary.uk/wp-content/uploads/2014/08/report-of-the-financial-remedies-working-grp-annex4.pdf

Customer: replied 13 days ago.
Should the Chronology be like this?
Customer: replied 13 days ago.
One line entries?
Customer: replied 13 days ago.
Also As I don’t have much money for representation what’s the best way to get legal help for the hearing without incurring a big cost??

You cannot is perfect.

You could improve it by adding children’s age (now age X), to save the judge working it out.

Remember to put down the date you are married.

Getting legal help without big cost is the burning question.

Shop around solicitors or DIY and ask questions on here. We have almost 100 UK law legal expert.

Customer: replied 13 days ago.
For the chronology can I elaborate and add more info for things like when I was unable to get a mortgage because of my wife’s financial recklessness or is that not necessary?

The chronology is the chronology. Timeline of events.

Everything else that you are talking about needs to go in a Witness Statement.

F E Smith and other Law Specialists are ready to help you
Customer: replied 12 days ago.
A question regarding the questionnaire. My wife inherited a property with her 2 sisters which is mortgage free and she could move into it as soon as the family home is sold. Can I ask questions around her moving there hence not needing to buy a property. It’s 3 bedroom house close by?
Customer: replied 12 days ago.
For the questionnaire should I make reference to her stating she suffers from stress and anxiety due to my unreasonable behaviour as she’s suffered from stress before she even met me and it’s also brought on by money issue?
Customer: replied 12 days ago.
Also my wife states she has 1 pension when I think she has another. Is there a way to search that?
Customer: replied 12 days ago.
For FES only are you seeing my questions or should I post elsewhere?