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Unfair settlement - 2nd appeal -High Court?

  • Applebee123
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2 years 1 month ago #503547 by Applebee123
Unfair settlement - 2nd appeal -High Court? was created by Applebee123
My BF was given an unfair settlement from the Court where he is left with £400 to live on.


1 Child

Monthly take home pay £3,000
To be paid monthly until the child finished tertiary education:
£1,100 Mortgage
£1,000 spousal maintenance
£400 Child support

He appealed the decision and the court reduced the spousal Maintenance to £750 per month, everything else remains.

His ex Wife has also got half of his pension and one the meshed order is lifted she will get 75% equity from the house when it’s sold.

He has been forced to stay at his parents house and has very little money to live on.

The ex wife declared she earns but she understated the amount and didn’t show proof despite the courts request. She works cash in hand.

As you can imagine this has caused a lot of stress. Is this outcome common, as it sounds absurd to me.

What option does he have now to get a further judgement? Can he take this to the High court?

Thanks in advance.

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  • hadenoughnow
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2 years 1 month ago #503567 by hadenoughnow
Replied by hadenoughnow on topic Re:Unfair settlement - 2nd appeal -High Court?
Have his circumstances changed since the original order?

Was the original order imposed by the court or was it the result of an agreement? AFAIK child support beyond 18 can only be included in an order if it has been agreed; it cannot be imposed.

It is surprising that he is paying spousal maintenance as well as the mortgage. How big is the property? How old is the child?

When you say he appealed the decision, what do you mean?

Were he and his ex asked to provide fresh financial disclosure? Does his ex claim tax credits?

He can apply for a variation but before he does, really should get an opinion on the chances of success based on a thorough examination of the finances of both parties.

Hadenoughnow

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  • Applebee123
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2 years 1 month ago #503577 by Applebee123
Replied by Applebee123 on topic Re:Unfair settlement - 2nd appeal -High Court?
Thank you for your reply.

Have his circumstances changed since the original order?

No, the original order was unfair and left him with £400 to live on. He has no home and cannot afford to live.

Was the original order imposed by the court or was it the result of an agreement? AFAIK child support beyond 18 can only be included in an order if it has been agreed; it cannot be imposed.
The original order was imposed by the Court.

The child maintenance was not included in the original court order but she applied for it after the original court order and he has to pay until the child’s 16th birthday.

It is surprising that he is paying spousal maintenance as well as the mortgage. How big is the property? How old is the child?

The property is 3 bedroom, and the child is 15 years old.

When you say he appealed the decision, what do you mean? He appealed the original court order on the basis it was unfair and that she didn’t disclose her earnings, and that the debt etc wasn’t taken into account. All that happened was they reduced the spousal maintenance by £250 a month, leaving him with £650 a month to live on in London.

Were he and his ex asked to provide fresh financial disclosure? Does his ex claim tax credits?
They were both asked to provide financial disclosure, he provided it but again she still failed to produce evidence of her income.
I am not sure if the original ex claims tax credits.

I would also like to note that the clean break will be enforced when the child finishes tertiary education (degree level) and the house will be sold and he will receive 25% equity of the house and she 75%.

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  • Visselly
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2 years 1 month ago #503686 by Visselly
Replied by Visselly on topic Re:Unfair settlement - 2nd appeal -High Court?
This seems ridiculously unfair. What some might call a 'Park Bench' order.

Ie one spouse continues to live in luxury whilst the other is expected to sleep on a park bench!

Were there any other circumstances in the case such as ill health or a large pension which the husband 'offset'?

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  • WYSPECIAL
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2 years 1 month ago #503687 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Unfair settlement - 2nd appeal -High Court?
Applebee123 wrote:

Was the original order imposed by the court or was it the result of an agreement? AFAIK child support beyond 18 can only be included in an order if it has been agreed; it cannot be imposed.
The original order was imposed by the Court.


I would also like to note that the clean break will be enforced when the child finishes tertiary education (degree level) and the house will be sold and he will receive 25% equity of the house and she 75%.


Can you clarify the bits about Child Maintenance? In one part you say it is payable until age 16 and another end of tertiary education. Both seem unusual. The amount also seems low as I estimate that you partner will be earning approx £45k-£50k per annum from the figures you quote. It is certainly lower than a CMS calculation would be.

A Court can only deal with CM if both parties consent. CMS are the primary jurisdiction for CM and can over rule a Court Order after 12 months if an application is made.

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2 years 1 month ago #503688 by Applebee123
Replied by Applebee123 on topic Re:Unfair settlement - 2nd appeal -High Court?
Hi,

Just to clarify, the child maintenance of £400 is payable until The child is 16 (he is now 15)

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2 years 1 month ago #503689 by Applebee123
Replied by Applebee123 on topic Re:Unfair settlement - 2nd appeal -High Court?
The ex wife applied for child maintenance after the court order and went through the agency, he tried to speak with them to explain the situation but they then did a deductions of earnings.

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