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Form E received, advice on Q''s needed please?

  • staffydog
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10 Oct 12 #360162 by staffydog
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Hi,

I have received my Ex''s form E and would like some pointers please.

1) Firstly there are a few pages missing from her bank statements, should I ask them to supply them in the questionnaire, or wait until the FA?

2)She has listed 3 CC''s as liabilities but only sent 2 lots of statements, also the amounts on the last statements do not tally with the figure listed in the liability section, same question as above?

3) She has stated her future income needs at over 2.1k per month, she earns 10k a year and with benefits takes home around 1.5k per month, it seems to me that she has just gone along with the templates her solicitor is likely to have used and plucked figures out of thin air, should I question all of what I consider fantasy in the questionnaire of just pick a few out?

4)Where she has listed a monthly figure for her for her current income needs, should I ask for receipts to prove this expenditure in the questionnaire or wait until FA/FDR?

She is repped and will no doubt bring a barrister along to the FA, I will be LiP.

I know she has inflated these figures in order to make it look like she needs SM, but she brings home more than I do at present as I''m SE and struggling at the moment.

Any help or advice would be appreciated.

Thanks

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10 Oct 12 #360168 by dukey
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1) Firstly there are a few pages missing from her bank statements, should I ask them to supply them in the questionnaire, or wait until the FA?

Do it now don`t wait, if you still don`t get the answers then raise it at FDA.


2)She has listed 3 CC''s as liabilities but only sent 2 lots of statements, also the amounts on the last statements do not tally with the figure listed in the liability section, same question as above?

Yep.

3) She has stated her future income needs at over 2.1k per month, she earns 10k a year and with benefits takes home around 1.5k per month, it seems to me that she has just gone along with the templates her solicitor is likely to have used and plucked figures out of thin air, should I question all of what I consider fantasy in the questionnaire of just pick a few out?

Question all you think need be.

4)Where she has listed a monthly figure for her for her current income needs, should I ask for receipts to prove this expenditure in the questionnaire or wait until FA/FDR?

You can`t ask she proves what is needed it would be impossible, you can ask for a breakdown though then go though it and suggested what is inflated or not a reasonable need.

You don`t get much time at FDA in fact many are listed for 30 minutes so don`t expect to much from the hearing, the FDR is the best chance to settle the matter.

Rather than think i can show she is dishonest or is asking for to much, think of it more as how can i end this as quickly as you can, be flexible.

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10 Oct 12 #360170 by maisymoos
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Hi

Yes you should raise any missing documents in your questionnaire. The judge at the FA is likely to instruct her as to which questions should be answered if she hasn''t done so.

With relation to her outgoings yes query anything that seems totally off course, but be careful not to sound too petty. I think asking for receipts is probably over the top, and she could just say she has binned them anyway! so is unlikely to get you anywhere.

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10 Oct 12 #360171 by staffydog
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Thanks a lot for your replies, I kinda thought asking for receipts was bit much, some of what she claims she currently spends is pie in the sky.

She wants to budget £100 a month for new shoes, jewellery and clothes for herself, wouldn''t we all...

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10 Oct 12 #360174 by somuch2know2
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Staffy- they all try this.
I think they put a big wish list so they can reduce to make it look like they compromise.

My ex wanted 100pm for freshcut flowers.

Judges can see through this, especially if their wish list leaves you broke.

Remember- you need to live too.

Best advice I got:
Do a spreadsheet of your expenses when you were together- break down by bills, housing, social, etc.

And then try and match that with what she is actually spending now- you should ask for her last 6 months of bank statements-

What will this prove? that she has acquired more expensive tastes since seperating or that she is inflating..

I had numerous spreadsheets ready for my court date and most came in handy one way or another. Know your numbers and know hers.

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10 Oct 12 #360175 by julie321
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Sweepng statement somuch, but good idea about the spreadsheets.

I am just at start of this and I expect stbx to produce some real fairy stories.

However he has left bank statements here and pension info from before he left so I know what he was spending then.

To my reckoning he should be loaded as he stays with friends and has only himself to support , doesn''t live with OW so couldn''t possibly be funding her home could he. Don''t make me laugh. Can''t wait to see what he comes up with.

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10 Oct 12 #360228 by somuch2know2
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Why would he be funding his OW''s home?

I find that most women (including my ex)assume all money goes to the OW.

Maybe some really wealthy men do fund them, but the whole time I was going through divorce and even now- it was actually the OW who kept me afloat. Every bit of money I had either went to pay for the house the ex and kids were in, or to solicitors - as the ex wanted to battle it out in court. In the first 5 months of the divorce process I actually went into significant debt trying to keep things as normal as possible for the kids- giving my ex 60% of my salary - BIGGEST MISTAKE OF WHOLE DIVORCE

I openly disclosed everything- and when there were no big transfers to the OW or big CC purchases she just assumed I had magically moved money to her account.

Point is- Either side can ask for full financial disclosure and pick apart any aspect of it.

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