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Daughters mother demanding a house and more

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  • Daughters mother demanding a house and more

    Hi, I’m on this forum because my solicitors are useless, incompetent and impossible to get hold of. I’m currently in the process of finding a new firm.

    I have a 2 year old daughter with my ex (we where together very briefly and split before my daughter was born) recently I applied for a child arrangement order because she is impossible to communicate with and I wanted concrete arrangements to see my daughter without her messing me around. We are due in court for the second hearing in 2 weeks. During the first hearing she told the court she didn’t know if I was her dad (I think she just said this to be difficult) a DNA was ordered which has came back that I am. She has communicated with my solicitors regarding arrangements and it seems now she is willing to come to an agreement for regular contact after she was advised to by her solicitor. I have paid her £1200 a month since my daughters birth.

    I received an email today (which she had sent to my solicitors too) stating she wanted to come up with a family based financial agreement with me. She has said she wants to do this between us and has said if it can’t be done between ourselves, then she will mention it during our child arrangements hearing and take it to court herself if necessary. She said she will be applying for schedule one financial provisions for children: children’s act 1989.

    Shes quoted the statute in the email and what judges can order. She has specified that she would like me to:

    -provide a house until my daughters 18 and then it will revert back to me.

    -provide a lump sum so she can furnish the home, buy a car and pay for removal costs.

    -A higher weekly amount of maintenance of 9% of my income. (The child support calculator can’t calculate incomes above £3000 a week and I have a higher income than that)


    She doesnt work, she’s in her final year at university, she also has a 4 year old son by an ex partner. She is 21. She currently lives in her mums property but her mother is emigrating to Australia and wants to sell the property to fund the move. She says she can move in with her auntie but it will mean having to share a bedroom with my daughter; she says that as I can afford it I should be providing them with a family home.


    I earn 5 figures a week, I also have 4 other properties which I rent out (she can’t live in one of these as they’re 200 miles from her)

    My question is, if it goes to court is she likely to be awarded this?
    Is there any point contesting or should I just agree/try to compromise?

    I dont want to waste waste money on court and solicitor fees if she’s going to get what she wants anyway. I just feel like I shouldn’t have to give her anymore than what I already do which is a massive amount considering she doesn’t have to do anything for it.
    Tags: None

  • #2
    considering she doesn’t have to do anything for it.
    other than raise your child

    Currently you pay the maximum calculable child maintenance of £294 a week - it does seem likely, considering assets and income, a schedule 1 claim would succeed - to what extent would take consideration of all the circumstances, but accommodation is likely to be involved.

    Your ex is studying at uni and seems like she is doing that against the odds already having a four year old - so the court will likely see that as a positive on her side that she isn't just sitting about expecting you to provide for her.

    Have a read of some one similar rulings to get an idea of what's considered and potential outcomes if it goes to court - this one seems appropriate to start -

    https://www.familylaw.co.uk/news_and...1#.W4usnqTTWEc


    ​​​​​​​and tagging others to take a look who might have more case law and be able to advise better ... but really your solicitors should have a better handle on this as they'll know the full picture. SandraF. And mariefab
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Make sure you get a suitable adjustment for the other child that you will be helping to support. Required income divided by 2 if you see what I mean.

      Comment


      • #4
        In her child's interest your ex should scrape together an amount sufficient to get some proper legal advice. She would then discover how ridiculously modest her current proposed financial agreement is.

        Comment


        • #5
          Hi Guest, the case law copied on the post by Amethyst is a good one. If she makes the application to the courts, the court will consider whether you had the funds and didn't pay for the child and what you have so far provided for your child.

          https://www.familylaw.co.uk/news_and...1#.W4usnqTTWEc

          -"My questions is, since separation, have you been providing for your child enough as per the CMS calculation? When you were in a relationship, did you live together and for how long? (I note that you said the relationship was a short rel) and if yes, who owned the property and whether it was in joint names".

          It will be best to work out since separation through your solicitors, how much you have paid child maintenance and whether or not it is equal to the CMS calculation. This is what normally triggers the court proceedings if the other party believes that the paying party (you) have the funds and refusing to pay. As advised please return to your solicitors and discuss this with them or like you said you are looking for a new firm local to you, check for one and see if they are able to help you. Hope this helps and please don't forget to update the forum so others can learn.
          Although I am a family lawyer, any advice given on this forum should be taken as guidance only and should not be applied to your specific circumstances. If you are uncertain as to your legal rights, I recommend that you seek independent legal advice from a lawyer local to you. Do not forget to update us on your case. Good luck

          I work in Coventry on Mondays and Thursdays and Stevenage on Tuesdays, Wednesdays and Fridays.

          Comment

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