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4.5 yrs -Another Ancilliary Relief Variation ?

  • Conundrum
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10 Dec 09 #168550 by Conundrum
Topic started by Conundrum
First Ancilliary Relief (A/R) order for child support (2 kids aged 7 and 10 now) in August 2006 (same time as divorce order and one year after court proceedings began.) NO child support paid. He was earning between £300 to £450 per day as IT Project Leader contractor with an MBA.
Child court started Sept 06 and ended with his appeal May 07 where he had to pay costs for abusing the court process. He never paid these.
His first A/R variation started Aug 2007 as he had moved in with a soon to be wife who had 2 kids of her own, court changed to his new residence city in April 2008 and order given in Nov 2008. 1/3 less than before to take into accout his new circumstances. Still NO child support paid by him. December 2008 saw the start of the first appeal. Hearing took place end of July 2009. Appeal thrown out.

My question: Less than 3 months later he has started another full A/R variation with no consultation of myself to ask if I would be willing to vary. Legally, how long must he wait before starting another case and not abusing the system. Can he start a court case (again) without first attempting to offer me an alternitive amount. Any precidents or law I can state? He pays nothing anyway! I just want the cases to stop. After 4.5 years at court, he seems addicted to fighting (represents himself because he likes it) and as long as he is in the process of changing an order or appealing...he never has to pay...! I am a nursery school teacher, so can't afford a lawyer and represent myself too.

  • Fiona
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10 Dec 09 #168558 by Fiona
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Is there any reason why the courts have jurisdiction - court order predating March 2003, non resident parent living abroad, step children, over 18s in education? Have you attempted to have payments enforced?

  • GilbertH
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10 Dec 09 #168559 by GilbertH
Reply from GilbertH
Has to be a specific reason to have a variation. Must be a major change.

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12 Dec 09 #168877 by Conundrum
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Yes, enforcement started July 07, but he is always at court so no jurisdiction for mangistrates court. They cannot enforce anything while court hearings occurring - and they keep occurring.
I have lived abroad with my parents since 2006 and have a residence court order for this.
Can you go to court and start a case without even proposing a change before the court hearings now? I have been through the system for 4.5 years and enough is enough. I need the names of advocacy groups and precidents so that I can stop this cycle. I refuse to die at a ripe old age while still in the process of continuous court.

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