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Jul 31
2010
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Any advice, legal preferrable as I've had many conflicting opinions on the way to go.
History; ex is self employed and dictated terms of divorce down to who got the coasters! 6 months after 'absolute' given, moved his partner in [free roof] so that she can provide her kids with her old roof for their own heads ie....to the detriment of providing properly for his own..
agreed to his terms of divorce [we're now 2.5yrs post divorce] and for last 15 months, give or take, he's paid about 25% reduced maintenance and additionally not paying the benefits direct to the kids due under the order due to lack of business with threats if I take him to court I'll get less under CSA arrangements for his 'declared' salary. [therefore approx 300/month down]
latest solicitor advised register order and take him back to court.
Dilemma is that if he is 'declaring' a minimum salary but somehow managing to have a comfortable life with 6 holidays in just over a year, would a judge see through that and still award a reduced maintenance order based on the financial facts provided or do they insist on evidence to prove there is no income.
The potential outcome of the judge accepting the ex's position is that we'd be worse off with the expense of legal fees. If we do nothing he still controls us as to how much and when he pays
Any advice anyone? Feel a bit lost and flattened by the whole experience.
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dadanon
said:
| July 31, 2010 | ||
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Information empowers. i bought the "Child Support Handbook" ISBN 978 1 906076 24 5. It only cost abour £25 on Amazons and at the back it gives you all the relevant legislation. This handbook is easy to read and at least allows you to navigate around the various departments you're probably calling every day! Like all government agencies, you need to "stand out" as they recieve thousands of similar calls each day. To do this you have to sound like you know what you're talking about. Phone the CSA. They can't advise you but they will provide you with all the facts and your options. And remember, the CSA maintenance rules are due to change 2011 and be totally phased in by 2014. The percentage the NRP will have to pay is less (varies from 12 -19%) and the calculation will be based on gross pay, not net. Good luck! |
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dadanon
said:
| July 31, 2010 | ||
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Oh, I forgot to also add I think you have a case to request a variation based on "lifestyle inconsistent with declared income". It's all covered in the handbook! I assume you're within the "new rules" (those that came in to force on 03/03/03. xx |
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TheresaSmith
said:
| August 01, 2010 | ||
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Hi dadanon No idea re new rules; divorce absolute january 2008 and terms totally dictated by ex even to what we were to receive as child maintenance which bore no relation to any calculation with CSA [as far as I'm aware] - his verbal threat of me losing everything and making me homeless if I challenged any part of the financial proposal was too real for me to dare to stand up to him. On reflection this was very unlikely to be the outcome but I didn't want the children to lose their home et al.. Bottom line with the ex is to take all he says with a bucket, rather than a pinch, of salt!! Still a gamble but feels more like russian roulette right now |
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TheresaSmith
said:
| August 01, 2010 | ||
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sorry, so preoccupied I forgot to thank you! Apologies and thanks again for note | |
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