Hi all, this is my first post, I've been lurking for a while and the time is right to request help from the MN pool of legal wisdom. I am recently separated from verbally abusive, aggressive and controlling ex p (unmarried) and am looking to try to get more financial support for our 2 year old child. I'm pretty sure I don't have a claim under tolata, but do under schedule 1. (Based on extensive reading, and several first meetings with solicitors). I'm looking for a strong LA lawyer in the London/Hertfordshire area who has dealt successfully with Schedule 1 claims.... A tall order I realise, but I thought that MN is the place to ask! Thank you in advance for any advice you are able to share : )
Most lawyers who deal with financial family work will have experience of Schedule 1 claims. They aren't complex like TOLATA claims can be. Just go on to the Law Society Find a Solicitor web page (google it) and put in your details, then ring around.
Thank you very much for your helpful replies. La vie- no he owns the property outright, and did when I met him. And yes I have heard that I'd need a barrister to deal with a schedule 1 case. I do know the resolution website, I was just wondering if there were any personal recommendations, so thank you for the one given.
C'est La Vie - can I ask how your case turned out for you? I've recently been told by solicitors that schedule 1 cases are very difficult, and I should be prepared for very little success as I'm no longer living with him. (Should have set the case in motion when I was still living with him....).
Olive McCarthy at Breeze and Wyles in Hertford. Lisa Pepper at osbornes is good but she's going on maternity leave at the end of the year. Mark freedman at Osbornes. Tbh it is nigh on impossible to choose a named solicitor on legal aid. You will have to take who is willing to give it as pay is so much less than private work. No legal aid at all for this type of work come April.
Are you definitely eligible for legal aid, have you checked the online calculator?
We jont owned property. I got an order for sale and for his share to go towards a new property for the dc to live in . That bit under children's act. But we did joint own. sold a buy to let property which paid off debts etc and now still need to sell joint owned property he living in . External factor s around the flat leaseholder wrangles making selling difficult or at least selling At a good price.
What you asking from the property ? sale and xxx amount to go for child for housing you and child or ?
Thank you BB for recommendation.. It's been confirmed several times that I'm eligible for Legal Aid, so should be ok. FW Is the cut-off date for Legal Aid work of this type April 2013? Also thank you, noted about mat leave and probably just taking who's prepared to do a less well paid case. To be honest I'm not totally sure what to ask for, his house is about to go on the market, and I feel like its the only chance I'll get to secure more financial support for our child.
You will find that not many (if any) highly experienced lawyers will do legal aid. It pays next to nothing so tends to be done by relatively newly qualified people, as their charging rates are closer to the LA rates.
I managed to successfully bring a Schedule 1 Claim against my ex. I don't want to talk about it publicly until the transfer has actually taken place but I'm happy for you to PM me if you'd like any information.
Hi, I'm trying to find advice for a Schedule 1 application. My situation is that im recently separated from my ex and at the time of separation i had savings, a house, a job etc but now all my savings have gone on court fees and i owe over £15k to my parents and have just been made redundant. My ex lives in a 6 bedroom house, drives a top of the range car, owns a second property that he rents out and has a tax free income of >£3k a month with considerable savings on top. He gets this money in benefits hence why it is tax free. We have 3 children and he pays £28.40 per month for all 3. Since separating i have spent all of my money providing for my children. I haven't been on a night out in nearly a year as i simply cant afford it. I have been advised that a schedule 1 application can be used where a parent who is wealthy yet refuses to assist in the financial support of the children can be ordered to pay to meet the children's needs. My question is, does this apply if the paying parent is on benefits as CSA have said that he only has to pay the flat rate. Thank you