A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info

Is it worth Appealing....

  • tsetse
  • tsetse's Avatar Posted by
  • Junior Member
  • Junior Member
More
20 Jul 09 #132559 by tsetse
Topic started by tsetse

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
20 Jul 09 #132624 by Fiona
Reply from Fiona
From what I remember you have recently had a proof hearing postponed so I assume it will be going ahead in the not too distant future and interim aliment will end and school fees decided for the long term then anyway.

  • tsetse
  • tsetse's Avatar Posted by
  • Junior Member
  • Junior Member
More
20 Jul 09 #132654 by tsetse
Reply from tsetse
Fiona - one proof was delayed because she was on a cruise - the next one because she was applying for legal aid under the new rules - legal aid has been granted though i believe her contribution is very high.

Part of the history is that my STBX and i had agreed to pay 50% of the school fee's each as we had done for nursery at the same school - she changed her mind at the 11th hour leaving me with no choice but to pay 100% of the fee's - she then waited until 1 month after I had signed up for the private school fee's last year in P1 and pursued interim aliment. We have evidence that she lied about both her income and outgoings as since the court date when interim aliment was set she has lodged productions (the sherriff never did ask for any proof at the hearing).

The burning issue as of right now is that I cannot afford all 4 items of Interim Aliment, School Fee's, voluntary child maintenance and traveling to see my daughter. Because of the mess around in proof dates this year i have not seen her yet - I will travel over on August 1st for two weeks and we are going to Centerparcs - but given the financial situation that may be my last visit of the year.

It is simple for me - with obligations like medical insurance, taxes and mortgage - even before i eat any food - and assuming modest travel costs to see my daughter - I am spending 2000 to 3000 pounds sterling more than I earn every month. The only item that on the list makes up that outgoings number that i have any choice with at all are the travel costs to see my daughter. We have lodged productions to prove these facts for my income and outgoings.

What i need to do is make a choice on how to bring this in front of a court - i cannot wait any longer for the faint hope that a proof will resolve it all - my sol seems to think an appeal is not worth it - any advice.

  • facebooked
  • facebooked's Avatar
  • Premium Member
  • Premium Member
More
21 Jul 09 #132978 by facebooked
Reply from facebooked
I thought Aliment had a limited life span. For 2-3 years in general. You should not be expected to pay all the time. If the money is just for your child then you pay the CSA amount as they have the right to ignor any court judgement and still come after you. Always pay for your child but you should not be paying for your ex for all time. Just my opinion....

Good Luck.

  • tsetse
  • tsetse's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Jul 09 #132988 by tsetse
Reply from tsetse
Thanks Uhdna - In my situation the CSA has no Jurisdiction - I actually canvassed the CSA a couple of years ago and had to convince them to carry out an assessment (they were shocked to find they were dealing with a NRP that actually wanted their help) - I did this simply to show the STBX that what i had been paying voluntarily since November 2004 was over and above what the CSA would recommend - they kindly completed an assessment and it has proven to be so. The CSA have no enforcement capability and have told both of us that on numerous occasions.

I think Interim Aliment has a life span until the divorce or a subsequent ruling of some kind - whichever is the sooner. The post divorce periodical allowance i believe usually has a life span. My STBX legal experience(not family lawyer) and understands how to work the system so seems to be intent on doing whatever she can to drag things along as slowly and painfully as possible.

As an update to earlier posts I have since commissioned a divorce specialist Counsel from Edinburgh and she has reinforced the position we have taken all along - and criticized me for being such a walkover. In reality though sol and Counsel believes my STBX owes significant funds to me anyway I am happy just to walk away to end this.

I could write about this all day but in simple terms I am paying more to the STBX than can be afforded when i look at the other items i am paying to help my daughters schooling and my travel expenses to have some contact with her.

Today between myself, Counsel and sol we have drafted an interim MoM and sent it to the other side - dealing with child maintenance[/url], School Fee's and waiving the court awarded interim Aliment - I am just praying she takes it and the rest we can sort out at proof - how we resolve this is now up to her.

If this works out then i do not need to appeal - if not then i still am at the point where i need some advice so anyone out there with a reference point - i would be grateful.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
21 Jul 09 #133041 by Fiona
Reply from Fiona
For what it's worth I think you solicitor is correct, and an appeal would be a waste of time and money. Did you agree to pay the fees voluntarily with the school?

  • tsetse
  • tsetse's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Jul 09 #133044 by tsetse
Reply from tsetse
We had always been paying 50% each for fee's until the month before school this last summer break when my STBX told me that she was not able to pay her share so my daughter would have to change schools (she had been in pre-school for two years at that point and was ready for P1). The reality is that P1 was the same cost as pre-school so this was simply a tactic to blackmail me.

I took advice not to agree to pay 100% from sol - the weekend before school was due to start my wife called me from her cell and put my then 5 year old daughter on the phone in tears (the first time my wife had ever called my phone here is the USA - all other contact was me calling them).

Of course i capitulated and agreed to find the money for school fee's and voluntarily signed for them etc etc.

At that point i had no idea my wife was going to do what she did - despite having significant voluntary aliment paid by me a month after committing to the school fee's she file for interim aliment on top of that - then she started messing about with visits etc and driving up the legal costs - bottom line is that i got played very well. My sol and now counsel are telling me that i should never have agreed to pay the fee's but i guess you all understand why i did.

So - yes voluntary and this year she starts P2.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11