Wanted - Solicitor with a backbone

I need a solicitor with a back bone that is willing to fight in my corner, anyone found one?

If so please pm me direct as you should not name practices on the forum.

Why do i need one? - i'm male, financial order against me in 1998 at Central Registry Family Division in Holborn London went heavily against me. 10 years on still pay large amount of maintenance although kids are 18 and 21 (University).

Desperate for a Clean Break but very difficult to find a solicitor who will stand up and fight for my cause. Have had 2 wimpish ones already.

ps
I do not have a problem supporting my children it's paying the ex wife i object to, very good at using "system" to her advantage.

First of all you need to analyse the strngth of your case for a variation of SM

As a soicitor nickname Attilla the Hun! I would not advise a client to embark of a speculative case the cost of which if it goes pearshaped could = 1-2 years SM you are seeking to reduce.

We need figures of H income net
W inc net and how wife's needs are going to be met if a variation is sought and made?

I imagine she is hitting a difficult time if W is not getting or about to lose Tax Credits and/or child maintenance will likely cease after tertiary education.

Remember the Court has the power on a variation under s 31 MCA 1973
Link here: www.england-legislation.hmso.gov.uk/Revi...cukpga_19730018_en_6

So if you have enough capital Ex W could seek a lump sum to capitalise the SM payments......but a clean break is only appropriate if Ex W can adjust without undue hardship....can she?

Often H's can commute their pensions at age 50 and the 25% can provide the lump sum to get the capital necessary.

Clearly its a gamble for one would not contemplate this is Ex W is in a relationship or in a year or so she could permanently co-habit or remarry.

To even make an application you would have to show a "material change" in the financial position of either you (say income reducing or more responsibilities) or Ex W's position ie better paid job/ inheritance/lodger etc.

If she is effectively "living" with another man then get enquiry agents evidence and immediately apply to vary

Sometimes people think advisors are wimps when they get advice they don't want to hear!

Please supply more detail to see if you have a realistic chance of a variation -even if you have you need to do a cost benefit analysis...........you could attempt to persude W to engage in "mediation" in an attempt to vary....that is less stressful and will save your hard earned (in quantum terms) and you will get to find out her detailed finances sooner than later...if she was legally aided originally LA authorities would expect her to attempt mediation first before granting any LA Certificate (unless she can make out a case Mediation is not appropriate)!

Hi Atilla,

Many thanks for the sound advice you have given me, i do have more questions to ask and may mail you directly. However, refernce to this query, can you confirm what you mean by enquiry agents? do you mean a PI? Can you use that information in court? As i believe my stbx is in a relationship and the male is staying at our home.

Many thanks

Yes a PI who will observe b/f car at house at say 1 am and then next am at say 6am for say a week............contrary to what people say there is no hard and fast rule......armed with that evidence you would seek a variation as long as co habitee is in a job!!

Blimey, now you have worried me (Atill). I do not have a change in circumstances, my principle argument is:

She lives in a mortgage free £400,000.00 4 bedroom house in Surrey. I had to pay off the mortgage 10 years ago for her to live there with the kids. She is about to live there on her own. If she sold and downgraded this would free up capital to pay off my 28% legal charge or help second one through University costs. My argument is she does does need to live in a palace (i dont).

Secondly her original form E was accepted (ie i lost out 10 years ago). This clearly included an allowance of several thousand pounds for re-training so she could build a life for herself.
I know for a fact that not a penny has been spent on training although i have technically paid for it through maintenance.
She continues to fill shelves in a supermarket (although qualified for senior office work). By doing this job she manipulates the hours so she gets the full tax credits and i pay the full CSA assessment on the children.

I'm not bitter, just had enough after 10 years.

Maybe i do have some "material changes".

1 Original court order was net of CSA assessment, ie order to pay her £100 per month, csa assessed £50 = ex gets £50. Now CSA no longer involved = ex gets £100 ie she more money than 10 years ago (figures are an example only, actual amouts far greater). So she has a change in as much as she is getting more.

2 One child left home is 21, one about to start Uni is 18 - this is a change in her circumstances ie reduced financial commitment.

3 I have remarried and have a 7 year old son in private school (other 2 children from 1st marriage also privately educated)plus a mortgage none of which i had 10 years ago when divorced agreed = material change.

Are these changes sufficient to take it back to Court?