When we completed our form E''s (3 months ago) my ex listed credit card debts totalling 26K, which he claimed was a result of contributing to the household. Although I disagree with this I have resigned myself to being liable for half. However, i received a letter from his solicitor yesterday requesting that we do new Form Es and listing his credit card debts as 41K! He refuses to tell me how his debt has increased and simply tells me to take it up with his solicitor. He does not contribute to the mortgage of the family home nor does he contribute anything towards the children. Am I now liable for the new level of debt and how long can this go on for? Should I simply put the matter to court as he is stringing things out considerably, given that I am paying the mortgage and child care costs but he stands to benefit from half the mortgage. Any idea how much court costs would be and, if I''m the one to get it into court, do I have to pay costs for both sides?
If your ex had incurred credit card debts due to paying legal bills and/or living costs due to being separated, there is an argument to say that the debts form part of the joint matrimonial liabilities.
However, if your ex has increased debts recklessly there should be no reason for you to bear the liability. All you need do is ask for copies of the credit card statements as part of the duty to provide updating disclosure.