Has anyone Won/Lost a Variation application?

PlayingHardball

Hi all, an update....

Have just heard from the reciprocal country and they had a meeting with my ex in Arpril - the basis of the minutes provided to me abbriviated here:

'Mr X reports that he has consistently paid maintenance for xxx since his separation (LIE) It stated that according to the documents of evidence of income presented, a distinctly higher maintenance payment could be made. He referred them to expenses for two houses (one in the reciprocal country and one in the UK-TRUE, he forgot to mention the other one in France!!) and he told them he had high expenses as a result and added flights to his expenses, poor pauper. It states from the minutes that 'documents of evidence' will be submitted later, and that Mr X does not know if a judgement already exists in the UK (hmm! bold faced liar). In June 2010 he stated that he has an appointment for a discussion with the CSA in England; the updated sum for maintenance will be revealed then. Mr X will inform them of the outcome!

Doesn't he sound all charming and wanting to do the right thing by his DD?!!

As usual, he is using the normal delay tactics. The unfortunate thing is that he succeeds because the last time they had a meeting with him was June 2009 - it talkes so long to send back refuting evidence to THAT country which has to go via London for interpretation (you are not allowed to provide your own interpretation)

Give him his due, he has given my DD 4 pmts in the past 2 years, directly to her bank account, but as far as I'm concerned that is a gift to DD and has/had nothing to do with child support. He only did it under my threat of taking action further - and a feeble attempt to get me off his back I guess. As you know, he hasn't had contact with our DD since March (she was told she wasn't welcome in his home, both by him and his new wife)

Poor guy, looks like the net is closing, combined with REMO, he is being hit with 2 pending tribunal hearings.

Any advice on how to respond to the court regarding the above info he provided the REMO country? He did this before in June 2009, and I can't see it stopping, they keep giving him the benefit of the doubt and accepting delay after delay.

My thoughts are to respond and request the documents he sent in as supporting evidence (there will be none as there is no CSA involvement at the moment as we are waiting tribunal)

Also, to ask the CSA or NACSA as my reps to write a letter to refute his claim of the CSA

Any other ideas?
Thanks everyone for anything you can suggest

AnxiousMum

Has he ever made one single payment that goes in accordance with the CSA claim? This would surely show that he is aware of the CSA case, as otherwise how would he know what was to be paid? Supporting documents -haven't you been provided with copies of the supporting documents? When I did my REMO case, ex was provided a copy of my application and evidence, and I was given a copy of his supporting evidence when he responded. Hey - I got my first 'enforced' cheque yesterday!

Do you have details of the house in France that he neglected to mention? May be that there is nothing owing on that, so has not used it as it wouldn't show as a debt?

PlayingHardball

He used to pay by Deduction from his salary when working in the UK. He saw that as 'compliant' when in fact he was being forced to pay.

Once he saw an opportunity to stop paying (moving abroad) he took it and hasn't paid me maintenance since (now 2 years, next month)

He did however make 4 measly attempts at showing my DD that he was 'the man' and put 4 small (huge to her) deposits into her account, but that stopped as quickly as it started, and to be honest, I didn't feel I could 'ask' my daughter for any of it because I saw it as a gift from her Dad, an attempt to buy back a bit of her confidence as far as both her and I were concerned.

The ex made it quite clear that I could rot in a very hot place and wouldnt give me another penny, hadn't he given me enough already! blah blah blah !

The thing is, the first time he met with the foreigh child support agencies, he lied and they took his word for it. They didn't ask for any evidence to back up what he said at the time, but I responded with my own version of events. Due to translation, it has been almost a year since his first meeting with them. But this time, I notice that they HAVE asked him for evidence, and he obviously supplied his income details, which they commented what he had been giving was not enough according to his income. You can see he is trying to hood-wink them, implying he is the compliant devoted dad, hasn't stopped contributing to his daughter since divorce, all rubbish.

So, I guess I'll need to wait MANY months again before I see any of the evidence they asked for!

Back to square one, but I'm very happy that I haven't been forgotten by the REMo country.

Well done! What are you doing to celebrate your long hard slog with the ex?