Appeal costs - who pays

dukey, I think from what I recall, the way you described how it went does ring a bell. They did come out to consider the judges proposed decision and basically scribbled an agreement based on that and they both signed it.

If that is the case then this is an agreement they made, not a judges ruling, it makes little difference really, appeals are far from easy, often very expensive, they tend to fail quite early unless he can prove in law it was a perverse agreement, this is almost impossible because a judge was there at the time to advise.

He could argue he was under undue stress to agree, again fairly pointless when its a judge directing play as it were.

To answer your questions the order stands as is until another judge changes it, far from likely in all honesty, your sisters solicitor will explain all this to her.

dukey, thanks for that you are very reassuring and is just as I suspected.

He is going to argue that the calculation of the capitalisation of money he receives from the business is unfair/incorrect or some such thing - I''m waiting for a copy of the notification to be emailed me.

However, the stbx is a law unto himself and flouts the legal system and disregards sound advice at every turn so long as my sister incurs costs - enough to bleed not only her but himself dry if necessary. That was the threat he made over 2 years ago and clearly standing by that threat. What little she had access to is gone, she''s living on borrowed money now. So it won''t be too much longer now before his goal is achieved. So unless some of our family re-mortgage our homes she will be walking away with nothing. Fingers crossed the circuit judge sees this case in the same light as the district judge did.

The stbx applied to appeal the judges decision (to vary the order) and for a stay of execution, this was back in January. He was refused the stay and the order still stands. They have been before a District Judge, (the appeal judge) to hear their argument and he''s decided he needs time to consider the grounds for the appeal and will inform them of his findings/decision whatever in about a month.

The order for settlement still stands but sister''s solicitor doesn''t seem to be doing much to enforce it. Is there anything we can do? Can she write direct to the judge as stbx is in breach of the order. He was supposed to provide maintenance until he had complied with the order even claimed he was providing maintenance in his application but he hasn''t paid anything at all. In fact he started withdrawing financial support the after he signed the original order.

My sister is now living on family charity and getting desperate. She''s lost faith in solicitor and judicial system. She abides by every rule and regulation, done everything according to the law, whilst he has been in breach of every order/request/promise and in contempt of court time and time again. And no action has been taken against him by anyone. How can she enforce this order as a matter of urgency?