spousal maintenince?

meltdown_point

Ok summons has arrived.......

Respondent
whereas an application has been made under article4 of the above order for an order that you:-

(a) shall make to the applicant periodical payments

on the ground (s) that you:

(a) have failed to provide adequate financial provision to Mrs XXXXXXXXXXXX
(b) have behaved in such a way that the applicant cannot reasonably be expected to live with you;

(whereas an application has also been made under Article 8 of the children (Northern Ireland) Order 1995 a copy of which is attached)

This is to command you to appear as a respondent on the hearing of the said application at The Domestic Proceedings Court.......Name and address of court



To the said respondant:
childrens birth certificates must be lodged before the hearing of the applicant.
Where an application alleges adultry or behaviour such that the applicant cannot be resonably expected to live with the respondant, particulars of the alleged adultry or behaviour shall not be stated in the summons. However the respondant or his solicitors may make a written request for such particular, and if such a request is made, the applicant shall forthwith furnish such particulars in writing to (1) the respondant or his solicitor and (2) the clerk of petty sessions.

NOTICE OF COURTS POWER WITH RESPECT OF CHILDREN UNDER THE CHILDREN (NI) ORDER 1995

Notice is hereby given that at the hearing of the above proceedings under the domestic Proceedings (NI) Order 1980 the court shall not dismiss or make a final order on the application until it has decided whether to exercise its powers in relation to any child of the family under the Children (NI) Order 1995

At the hearing the Court will hear anything which you may wish to say in this connection. For this purpose you may appear in person or be represented by a solicitor.

NOTICE TO PARTIES OF REQUIREMENT TO GIVE PARTICULARS OF OTHER PROCEEDINGS

The attention of all parties to these proceedings is drawn to section 39 of the family law act 1986 (c.55) which requires parties to proceedings for or relating to a child to give particulars of other proceedings known to them which relate to the child concerned (including proceedings out of the jurisdicition and concluded proceedings). The information to be supplied to the court is specified in rule 5 of the Magistrates court (family law act 1986) Rules (northern Ireland) 1988 (SR 1998 No.113)

meltdown_point

Now what is going on???????

The decree nisi arrived on the 11th july last year!!
My Partner had to wait 5 years as his ex wouldnt give him a divorce!

Her son was conceived to another man whilst they were still married!!!!!

Please Help!!

Oh and while they were married and he was working............She was claiming Income Support.....His wages were going into a joint account so we may be able to prove this!!

She is now living with her partner and their 5 year old son......!!

His eldest son lives with us (he is 17)
His youngest son lives with her......and we have no contact with him since september, as he was caught stealing from my credit card (he is 14 and he used my credit card twice to purchase points on the xbox) his dad told him off and his mum said your rules dont apply to my house.......he hasnt been back since.....Child Maintenence has been in payment for BOTH boys since my Partner started working!!! (after qualifying as a nurse) Even though WE have had his eldest DS living with us since xmas!! (actually before this as she got him arrested in june...he was 16, and she accused him of hitting her 5 year old son before jumping out of her car.....charges which she dropped later on that day....there is a record of this)

meltdown_point

we are having lots of problems understanding what she is on about now?
Do we write to the court to see whats going on?


Grrr for summons arriving at 9.00pm

we obviously need to gather some evidence.......but what is it that we need?
CSA stuff obviously
Are we able to get her sons birth certificate to prove that she was the one who cheated in the marriage? Although she divorced my partner on the grounds of irreconsileable differences and his solicitor told him not to contest as it could open up a can of worms!! (something to do with naming someone in a divorce)

How would we go about getting the info from income support?


(she has given the child my partners surname but has his real dad on the birth certificate)

Rach39

meltdown_point wrote: »

Now what is going on???????

The decree nisi arrived on the 11th july last year!!
My Partner had to wait 5 years as his ex wouldnt give him a divorce!

You then say she divorced him for irreconcilable differences - what were the circumstances, did he divorce her under 5 years separation w/o consent or did she divorce him? May have a bearing on how you proceed.

meltdown_point

Hi Rach:)

Yes apparently she got in to the solicitor first!!

And my partner didnt fight it........(she was witholding contact from his kids, he was more interested in fighting that!! He got joint custody!)

He isnt sure how it went.........he said it went to the 5 years as she was messing around with legal aid etc, and when the 5 years was up he signed some papers and got his decree nisi in the post on his birthday!! (he said it was the bestest birthday present ever!)

He cannot get a hold of his solicitors secretary until tomorrow ........and asked if he could speak to his solicitor, he is in court all day so its not possible either!!!
He doesnt get legal aid........and we know this is going to cost a fortune to fight, (she shouldnt get legal aid either but she is "working" the benefits system) GRRRRRR
She lives with the father of the 3rd child which was conceived while she was still living with my partner although the child has my partners surname, his real father is named on the birth certificate!

NAR

Ok let's split this up immediately. You feel she has committed benefit fraud in the past also currently. The court will not be interested in this info (your solicitor will confirm). However the Benefits Office certainly will, so provide them with any evidence you have.

Right your main problem is her seeking spousal maintenance. Your OH needs to set out in detail his financial situation from when he lived with his ex until now, providing as much evidence as possible. (Her claiming Income Support at that time may be of interest to the judge for character reasons).

Also needs to give full details of support to you and new family to your solicitor and details of all financial committments.

Hopefully this will minimise what payment, if any, he has to give to his ex. Unfortunately this will be a costly adventure for you, as if she is on legal aid you can be sure she will drag this out for all it's worth.

Can't emphasise enough for all those reading to make sure you get a clean break financial order settlement at the time of divorce, to avoid such situations as this arising. Fortunately I had extremely good council acting on my behalf.

meltdown_point

He gets £1500 per month after tax and NI
He pays £220 per month child support
He has his car payments £312 pm
His phone £60 pm
Fuel is around £150 pm
He has a SO for £200 going into the Credit union


He earned around £800 pcm in his old job! Then took a career break after the seperation to retrain as a nurse.....whilst doing this he had his kids every weekend


He doesnt support me.......I almost own my own house outright....my mortgage is minimal, We have one child together.....He is newborn and we are managing on my money as he went out to babies r us and spent silly money on bedroom furniture for him!

Her character is extremly questionable!!! Im really cross, angry, teary,and fed up with the whole situation now............christ i want to throw the towel in....my partner told me that he had baggage....(so do I) but not blooming luggage!!!

pelirocco

NAR wrote: »

Ok let's split this up immediately. You feel she has committed benefit fraud in the past also currently. The court will not be interested in this info (your solicitor will confirm). However the Benefits Office certainly will, so provide them with any evidence you have.

Right your main problem is her seeking spousal maintenance. Your OH needs to set out in detail his financial situation from when he lived with his ex until now, providing as much evidence as possible. (Her claiming Income Support at that time may be of interest to the judge for character reasons).

Also needs to give full details of support to you and new family to your solicitor and details of all financial committments.

Hopefully this will minimise what payment, if any, he has to give to his ex. Unfortunately this will be a costly adventure for you, as if she is on legal aid you can be sure she will drag this out for all it's worth.

Can't emphasise enough for all those reading to make sure you get a clean break financial order settlement at the time of divorce, to avoid such situations as this arising. Fortunately I had extremely good council acting on my behalf.

The world has gone mad !

meltdown_point

Thanks Pelirocco.....

I just dont understand how she can make this claim.....with the help of legal aid?!!

The world has gone mad!!

he is going to be expected to support her even tho she has a 5 year old child to another man....a child who was conceived whilst my partner was still living in the marital home and best about it is......it was his "mate" who she had the child too!!!

NAR

meltdown_point wrote: »

I just dont understand how she can make this claim.....with the help of legal aid?!!

The world has gone mad!!

I do sympathise, but this is the potential problems you can encounter if you don't engage a solicitor who is an expert in divorce. I was told by mine that if I did not get a clean break settlement then my ex could come after a future inheritance, a lottery win etc and demand share. Crazy but true! Potentially his ex could also demand a pension split from him!
That all said I do wish you both well in this.