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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34121
Experience:  25 years experience of all aspects of family law
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I have to sumbit by the 7th staement of issues , chronogly

Customer Question

STILL WAITING REALLY NEED ANSWERS  URGENTLY THANKS

I have to sumbit by the 7th staement of issues , chronogly quiestionaire and form g by the 7th og may before the FDA on the 20th may . my exhusgannd has not paid his maintenace on bonus he recieved in mrach this year . he cannot premenpt a judge desicions but has decided to withold this amount £16 k . i want to make an apllicant to enforece thsi payment before er go to court -- what form do i use . also he verbals abuses me ny email and phone texts , sometimes in street so i want to get an or have a draft order to restrain him from doing so . what form do i use and where do i get it . i want to use these applications in my chronogly list what do you advise

Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your question and my apologies for the delayMy name is ***** ***** I shall do my best to assist youIt is unlikely that there will be any progress on the enforcement applictaion prior to 20th May but that does not mean you shoudl not issue it on the basis that it can be listed at the same time.The form you need is herehttp://www.jordanpublishing.co.uk/system/uploads/attachments/0008/5543/D50K.pdfWith regard to the harassment there is nothing to be gained so far as the financial applictaion is concerned in making such an application.In order to stop the abuse you should inform him that abusive texts and emails will not be answered - and if he continues you will block the numbers/address and the only form of contact will be by post.If he approaches you in the street again then call the policePlease ask if you need further detailsClare
Customer: replied 2 years ago.

so can I file that form ( enforcement ) withthe one i am lodging tomorrowie the statement of issues . 9 where do i get form G from .

I want the judge to know of his behaviour. is it worth getting a restarining order or will i lodge my complaint to the police .

can you read my second question its the same but its more detailed

the lawyer and my ex are in breach of order so what are the ramifications of thsi . how will it viewed by judge . can you address these questions . in regards ***** ***** to reduce child maintenace and sousal considering his salary is the same .. what is a judge likey to do . all that is at issues is the monthly payments . all the capital pensions and the rest have been sorted 4 years ago in the first order when we settled our divorce .

Expert:  Clare replied 2 years ago.
HiYou can certainly file it at the same time - but you will still need to pay the fee which is £245.The form G is available herewww.jordanpublishing.co.uk/system/uploads/attachments/.../Form_GThe behaviour will not effect the financial outcomeClare
Customer: replied 2 years ago.

PLEASE CAN YOU ADDRESS THIS QUESTION. URGENTY . THKS

all our capital assets were sorted out 4 years ago .


----------------------------------------------------------------


what is at stake is all teh following that is contained in the the divorce settlement ( 26/1/2011) . he earns nore than he did in 2011


he saids he cant afford the school fees . he has not given details of clean brak prosposal on retirement or spousal reduction or





a)order states i get 50% ( 500K) of his life cover , my 2 kids 25% each.



b) if he dies before 2023 I get £250,000 ( he 54 )ok health but waiting result from biospy - he shd be ok .?



C)if dies pre 2023 dependant policy £50k p annum



D) part of critical illness if reguired ..


e) med insurance for kids ( 14 ,16)


f ).to use an IRAP scheme to pay school fees ( however tax man got more of this that was intended - really due to husband inefficiency and loss tax break that was there in 2010. -- that is one reason he wants to reduce spousal maintenance., alos he may want to rteire early .


what questions should i be asking about his corporate retirement package .. in the (London) city there are all sorts of shemes that i am not privy too.



f ) this is the one he has breached ... he will set aside 15K out of his bonus to add to provision of school fees until such time as there is sufficient by way of the provision .



he shall provide documentry evdience of such provision to me .


g) he will pay 25% of the net cash bonus received to him during each year in money or moneys worth to me , as and when its recieved . payment made within 14 days of receiving bonus -- and will provide documentary evidence . the net bonus shall be defined as the gross bonus received during the year in money or moneys worth including and not limited to shares less tax NI and 15 K setaside for school fees.



he is also to pay £27,786 pa ( rpi index linked ) joint lives untill I remarry ,



he is to pay 10,797 per annum per child but he reduced this to cms rate swhich are about 4000 less each child .


( this what i need help on .. he is allowed )




the final wordings of the order is .


The app claims v res for all forms of ancillary refief do stand dismissed and he shall not be entitled to make any further claim in respect of the marriage under section 23 (1)(a) and (b) matrimonal clause act 1973 and he shall be not be entitled to amke any vlaim agianst her estate section 2 .....



I the respondant in that order claims against teh appliancant for secured periodiacl payments , lump sum and property adjustment in cluding pension sharing do stand dismissed ( a liitle un clear here )



there will be prrmission to the parties to apply as to the implematation of this order ( a liitle un clear here )what does this mean




i am a painter . I earn about 3000 a year , i have have worked in proryerty development ir built home which unfornuntaly turned out to be a disaster as builder were dishnest and left me with a half finished house - so after ayear of ligation with him , i cant get anything . so that was my means of gaining more income .. -. I suffer from anxirty and dyslexia so i not that good at being in office. any way i am a proffessional artist and that is what i do .



please let me know what i should be f looking out for when i make my questionairee and statement of issues .


i am in debt cos of teh building mess so i cant afford direct legal conusel .




surely it must be illegal of his lawyer to advise him not to make the 25% of hos bonus .


if you can get back asap ... thank you




I think we have crossed lines . i have two questions which i paid for basically the same issue but worded better on the second

I have not received an answer for for the above


the form G inquires whether ill be in the position to to proceed on that occasion with a financial dispute appointment resolution .


My answer I think should no as i will not have had legal counsel as I am going there in LIG capacity and i have no knowledge of his proposals and of how the Judge will view the case considering he has change in circumstances .

is this correct ?

I am in the progress of doing all of this now , did not realise it was so complicated . wd court and oppo lawyer mind if i was one day late with the information due in . On teh 7th may for the FDA on the 20th ?


thanks . Very rushed ?

Expert:  Clare replied 2 years ago.
Hi
As you say we are indeed getting our lines crossed
Did he actually apply to the CMS and has an assessment been made?
I understand about your being an Artist - BUT an income of £3,000 is not a living wage so the court is going to want to know what you have done (apart from property development) to gain a living wage
What else are you qualified to do
Clare
Customer: replied 2 years ago.

CAN YOU PLEASE ADDRESS URGENTLY THE QUESTIONS ABOVE THANK YOU

Expert:  Clare replied 2 years ago.
Hi
I can only answer the questions that you need answers to after you have given me the information that I have requested - they are crucial to the approach that the court will take
Clare
Customer: replied 2 years ago.

ok thank you .

yes he has got cms approved assessment , but he has given a wrong calulation , he should be paying top bar.

( this is still £4000 less per child a year ).

I am not qualified to do anything else. I am a painter and a mother , that is what I do. I have developed this property i live in now - it has taken me 2 years -its a self build.

I am 52 , dyselix . I am not going to get any decent job at my age. I have always designed and painted. The web design technology has changed so much sinse i have left over 13 years ago . i cd nothing in it . its a young persons field. -- so all i can do is paint and maybe look at other propertyry development oppurtunites ?

I tried the site for Form G , it does give it , does the HMcs .

thank you for your patience . Geraldine

Expert:  Clare replied 2 years ago.
Hi
Have you challenged the assessment?
Clare
Customer: replied 2 years ago.

in the process

Expert:  Clare replied 2 years ago.
Hi
Excellent.
There are a number of strands here
With regard to the Child Maintenance itself you can work out what the assessment should be using the details here
http://www.nacsa.co.uk/index.php/cs3-calculations
The CMS assessment has now replaced the Child Maintenance I am afraid BUT you can apply to the court for a 'Top up" if you can justify this.
He certainly has no right to not pay the £15,000 or the 25% of the bonus
You could consider making an application to the court for a "Legal services Order" - whereby he is ordered to make a payment to allow you to pay for legal services
Details here
http://www.familylawweek.co.uk/site.aspx?i=ed128352
Please ask if you need further details
Clare