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Changes to maintenance after absolute

  • you think its all over
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26 Nov 07 #7768 by you think its all over
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His pension is probably the only asset that he has, but I am not interested in persuing it so I have never asked for a valuation. Although it is likely to be worth more than 65k

  • loobyloo
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29 Nov 07 #8033 by loobyloo
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At the moment my combined cm(2 kids) and sm 1k per month. My x2b earns well in excess of 100k(gross underestimate) what my sol advised was to contact csa
I have but hes ignoring them ...... whats my entitlement? Will he be enforced to pay.... I have kids 24/7 as he is not in the slightest bit interested in them
what a mess
looby

  • sexysadie
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29 Nov 07 #8139 by sexysadie
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Your entitlement just for the children is 20% of his net earnings after tax and (I think)pension payments, though as he is (presumably, as a GP) self-employed he may not seem to earn anything like as much once his accountant has been though the books. The CSA can enforce this in theory but it is quite hard in practice with self-employed people.

You should definitely contact the CSA as other posters have said that your claim gets backdated (either to when you claim or to when they contact him, I'm not sure which). Ring them to get things started.

Sadie

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30 Nov 07 #8148 by attilladahun
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What he pays you may actually be more if I suspect he is paying mortgage and all household bills.

If a CSA assessment is done you can seek a top up order from the County Court as your H earns over 75K

One often sees in cases where H earns say £100K he will or should be paying just over 40% of his NET income in paying bills of the FMH (former matrimonial home) SM & CM.

Now we all know the CSA is slow and a waste of time.
If H is paying well less than the figure I have stated your solr wants to get his or her finger out and:

Send a letter with a list of what your present income from all sources is with proof if necessary

Then a list of reasonable and relevant outgoings and if the list is accurate and complete there should be a significant shortfall.

H is politely requested to confirm in writing by a deadline say 10 days ahead he will submit to an interim maintenance order otherwise an application to the Court will regretfully have to be made. The letter will state a global maintence order is sought for the support of the W and C and will be deducted £ for £ if any app is made to the CSA.

This is called an Angel order after a DJ in London.

Indeed it is best done by solr making it easy for H by sending a consent app to his solrs for signing and return before the deadline -that doc will have NO order for costs between the parties.

In the event th eapp has to be made to the Court the app will seek an order the H pays all the costs of and incidental to the app - often in a contested case this could be c £1500.

Hitting a controlling and tight fisted spose in the pocket can bring a sense of reality to the matter and often the long term benefits are a greater desire to get on with meaningful negotiations and thus actually save time and money long term.

It sounds a bit aggressive but it is certainly vital in cases where there is say little available liquid capital but spouse has a large income

Hope this helps

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30 Nov 07 #8159 by soulmanuk
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does this work in most cases? mine only pays 14% of her net wage and nothing towards the debt of the FMH even though she lives with her new partner debt free and they both work fulltime. i have been struggling to pay everything for 13 months and i am getting further into debt and the house is going to be repossessed soon

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30 Nov 07 #8160 by soulmanuk
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does this work in most cases? mine only pays 14% of her net wage and nothing towards the debt of the FMH even though she lives with her new partner debt free and they both work fulltime. i have been struggling to pay everything for 13 months and i am getting further into debt and the house is going to be repossessed soon

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