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What are we each entitled to in our divorce settlement?

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mortgage/ child maintanance dilemna!!!1

  • blessingindisguise
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13 Jun 07 #763 by blessingindisguise
Topic started by blessingindisguise
house is jointly owned on a mortgage with about 15 000 equity on it so far. Ex-to-be was removed from the marital property due to domestic violence. was charged and found guilty of assault in court and made to pay compensation plus community service. I also got some occupational orders for him. divorce is at nissi stage. i earn more than him @!*^@!

My dilemna is, since he left 7 months ago, he has not been contributing towards his half of the mortgage. I still live in the house with 3 children 2 who are minor. he has refused to contribute towards child maintanance nor mortgage repayments. when we come to sharing out stuff, will the judge take note of the fact that he has not been contributing towards the mortgage? he seems to be dragging the financial stage by not cooperating with disclosures presumably to wait out until there is more equity in the house. will he be entitled to any equity acquired after the period he left the property with him not contributing anything?

due to special cirrcumstances, I can not use CSA for child maintanance claims and have been told i have to take him to court for this.He has no contact with the kids due to his violent nature. Can the judge rule out that he backpays on child maintanance. Can I write to his employers to ask them to deduct some money for child maintance? I know....getting a bit desperate, but suggestions anyone!!!

Also, can i get spousal maintanance if i earn more than him in light of the fact that i have custody of the kids. can he claim same from me since he is not contributing to anything a the moment? whew!!! loads of issues i have raised there, but HELP anybody!!!

  • ssoria
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05 Feb 11 #249948 by ssoria
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hi. I notice this was posted three years ago and no responses. I am now in the same dillemma can anyone help?

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20 Feb 11 #252934 by WYSPECIAL
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Why can you not use CSA for child support?

Have you applied for Ancillary Relief to ensure mortgage is paid?

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20 Feb 11 #253087 by ssoria
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we started our divorce process with Ancillary Relief in 2008. The proccedings were put on hold while children residnecy was sorted.
Ex2b for that reason manipulated my 12 yr old son and now has temporary residence for him until the phychiatrist report on 10 March 10. I was a full time mom for 18 yrs and ex has his own business which he denies.He has transferred everything to his brother who has same initials. I didnt know most of his whereabouts I know he had other properties too but he never told me the address.
Ex2b had stopped paying mortgage and piled up huge bills and started living at his fathers.
my sol just sent him a letter suggesting he pays some maintenance if he doesnt then we shall apply in court again.
I have 16 yrs old duaghter licing with me in jointFhome ex2 lives in his fathers huge mansion with my 12 yr old son

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