Problems with access and financial arrangements.

elsien

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kevin137

There are 2 ways of dealing with this...

The court WILL deal with the financials, and CAN deal with the financials relating to Child Maintenance...!

She may well get slightly more in terms of cash settlement as he has a pension, not quite sure how the court will work the financials on that, but it won;t help that she cleared out the house etc, as that could then be deemed as a cash value....

A solicitor will be able to advise accordingly on this...!

However... IF you leave the CM until it gets to the court and the judge decides that you should pay a lump settlement out of a sale of a house as an example, this will in no way have any impact on any future payments, as after 1 year and 1 day she could then go to the CSA and claim through them as well...!

The best option right about now, is get it sorted....! She doesn't get to choose the amount of maintenance, the court or the CSA do...!

If she has a good solicitor, the solicitor will be advising NOT to go through the CSA and to get a court settlement then go through the CSA at a later time as previously explained...

However... That is not to say that it is HER that has to initiate the CSA, it can be opened by the NRP as well...!

Currently this would involve phoning the CSA and simply asking to open a claim, giving her details, the children's details, and the last known address for her or an immediate family member as a point of contact. Once you have contacted them, be aware that you will start accruing arrears immediately, and for 2 children you will be assessed at 20% of your take home pay, so put this aside...!

Contact is a different kettle of fish, and some on here may know, but try searching "Families Need Fathers" and go from there...

Anything else you need to know, ask, MOST people on here don't bite...

mgdavid

all above, plus - a better solicitor is needed.; might seem expensive now but will pay dividends in the long run. The cash assets at the time of separation should be split 50/50 but if they've gone plus the contents, it can be compensated (traded off) by the agreement on the equity in the house - what's happening about that?

Blob

You friend should on Monday am go to the Court and get the form for a Contact Order, used to be C2, get this in to Court, then sit back and wait. It will take time but she will then have to explain why she is taking the action she is!

The Court will not take sides with either parent but will follow the Children's Act. Basically the rights of the children to have contact with both parents comes first!

I also had a solicitor that was as much use as a chocolate ashtray, so changed and got a very good one. Also have only used them when necessary, done most of it myself. If you do it yourself, then read up an the Law, don't under any circumstance become emotive be detached and stick to the Law, in Court keep calm and that is hard! I did get her barrister to throw his pencil across the table in frustration, and made the Judge laugh at him for being a prate! The Judge will help you as well if they think you are being railroaded!

CAFFACS will get involved, personally I have little to no faith in them, as the Judge had to fire 2 of them from my case as they were so one sided he lost it, in one hearing they were told to leave the Court before they had the chance to mess it up.

Have faith in the Courts and the Law, tell the truth when you get to Court don't try to be cleaver as the people there are used to the environment and you are not, do your research, and remember to keep it simple and don't waffle. Listen to the Judge as he is the Boss in that room and what he says is the last word, and not the clap trap that you will be feed by the legal people that are out to make a fortune out of you.

elsien

mgdavid wrote: »

all above, plus - a better solicitor is needed.; might seem expensive now but will pay dividends in the long run. The cash assets at the time of separation should be split 50/50 but if they've gone plus the contents, it can be compensated (traded off) by the agreement on the equity in the house - what's happening about that?

That's another bone of contention. Mortgage paid off, she wants half, a large part of the value is money from the house he owned before they married which he thinks shouldn't be taken into account but she thinks should.

Although having said that, contact is the main issue, not the money.

clearingout

mgdavid wrote: »

all above, plus - a better solicitor is needed.; might seem expensive now but will pay dividends in the long run. The cash assets at the time of separation should be split 50/50 but if they've gone plus the contents, it can be compensated (traded off) by the agreement on the equity in the house - what's happening about that?

the bit in red is simply not true - 50/50 is a starting point but it's rarely an end point!

I would be wary of trying to trade off contents - second hand furniture (assuming it wasn't all antique) isn't worth much. I doubt a judge would have much time for this.