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Final Hearing Outcome - HELP!!

  • ladysmith08
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07 Dec 07 #8626 by ladysmith08
Topic started by ladysmith08
Please can anyone help / advise me!! My final hearing was on Wednesday, and although we'd had a fairly positive FDR (in my favour), and the initial evidence giving session on Weds was also positive, the DJ gave an order which didn't at all reflect the evidence given.

My x2b is claiming that the business he set up with his new fiancee is not doing very well, after only 1 year of trading, and that he is struggling financially. I am also struggling financially, trying to support 2 young children, and keep a roof over our heads, whilst receiving benefits. The DJ said that as child maintenance is not agreed by both parties that he cannot make an order in that respect, and therefore my x2b now does not have to contribute financially to the raising of his children.

I am also now responsible for paying off the arrears on the mortgage totalling £1800, even though my x2b admitted in the FH that they were his responsibility as they were accrued by him not paying.

I also have to pay the shortfall of the mortgage (my mortgage benefit payments pay the majority of the installment, leaving around £160 pcm as a shortfall), because my x2b 'simply cannot pay with funds he does not have'!

My x2b was also awarded a charge of 25% of the equity of the former matrimonial home. And as if that wasn't bad enough, the DJ awarded me a nominal maintenance order in the sum of £1 PER YEAR!!!!!

My solicitor & barrister, and in fact everyone I've spoken to feel that this outcome was completely unfair given the evidence. I feel that my x2b walked out on his family for another woman 2 yrs ago, and has now been 'given permission by law' to walk away from all his financial responsibilities to his children.

I'm really at my wits end, and don't know whether to just swallow hard and accept that although the decision was morally & ethically wrong, it was made by a DJ, and therefore is likely to be unchanged, or fight back & try and get some form of appeal. Please help!!!!! x

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