If unemployed husband finds job, is FDR settlement increased?

EricM · 13 September 2019 at 11:05AM

My daughter has a court case in a few weeks for Financial Dispute Resolution (FDR).

She is unemployed, looks after 2 young kids at home.

Husband is contractor, unemployed, earnings potential £100,000 p.a. Very little of his money is traceable.

Daughter suspects husband is not genuinely seeking work, until after the FDR is settled.

It looks as if the FDR settlement will be based on the fact that husband is not currently working.

Daughter planning to ask court for FDR postponement (which is very likely to be granted). Purpose is to allow husband time to either (a) find work, or (b) make it obvious that he is genuinely not searching.

AFAIK, only one 3-month FDR extension can be granted.

QUESTION: If a settlement is made, and husband then finds employment, can the FDR be re-opened for further negotiation?

Thanks.

TBagpuss · 13 September 2019 at 12:53PM

An FDR is an attempt to agree things, so your daughter doesn't have to accept the proposals made by her husband, and she/her representatives, can submit to the court that anysettlemnt should take into account his realistic earning capacity as well as his actual, current income.

However, if any order is made (which at theFDR would only happen by agreement) then that order is final and she could not go back later to change it.

The only exception would be if the order included provisions for spsal maintenace, in which case it is normally possible for either party to apply to vary the mioantence up or down where circumstnaces change.

However, your daughter needs to be discussing this with her own solicitor, who will be familiar with her case.

EricM · 13 September 2019 at 1:28PM

Thank you @TBagpuss

TBagpuss wrote: »

... any settlement should take into account his realistic earning capacity as well as his actual, current income.

Just to clarify. Will the court assume that his "realistic earning capacity" is £100,000, despite the fact that his "actual current income" is zero?

TBagpuss wrote: »

...your daughter needs to be discussing this with her own solicitor...

Agreed. I'm asking questions from as many people as possible, in preparation for her next visit to her solicitor.

Thanks.

BAFE · 31 October 2019 at 10:12AM

Hi OP, how did the court case go?

If unemployed husband finds job, is FDR settlement increased?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free