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Schedule 1 application advice please

(10 Posts)
Vivian3 Sat 28-Oct-17 12:03:20

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

Collaborate Sat 28-Oct-17 12:12:55

A schedule 1 application is your best bet. You may be able to persuade a solicitor to Act for you on a “Sears Tooth” basis, where you’ll pay at the end of the case in exchange for an enhanced rate and security against your settlement. The court can also order him to make an interim payment to you in order to meet your legal fees.
If you pm me where you are I may be able to recommend someone to instruct if your solicitor won’t do this.

Vivian3 Sat 28-Oct-17 12:27:30

Thanks Collaborate. I have a Family Law solicitor and barrister currently working on the child arrangements and it was my solicitor who mentioned a Schedule 1. She said it wasn't relevant at the time i applied for the orders as i had a home, job etc but now he is saying he wants to ruin me and apply for half any child benefit and child tax credit. It is likely we will get a 50/50 shared care order, does a Schedule 1 still apply here?

Collaborate Sat 28-Oct-17 12:57:24

Can still apply, yes.

MrsBertBibby Sat 28-Oct-17 17:04:18

But you can't get regular payments by way of maintenance. Only one off sums for specific expenditure.

Or for the use of property as a home (although you wouldn't keep that after the child's reaching adulthood.

Collaborate Sat 28-Oct-17 18:49:28

Scrap what I said earlier about a Sears Tooth deal. Under Schedule 1 you get something in trust so can't pay your solicitor out of the settlement unless the court makes a specific award to cover legal fees.

babybarrister Sun 29-Oct-17 17:51:37

Message withdrawn at poster's request.

babybarrister Sun 29-Oct-17 17:53:07

Message withdrawn at poster's request.

traviata Sun 29-Oct-17 18:08:53

I am wondering why he gets substantial benefit income whilst receiving rent..is it actually his new partner's income rather than his? Or are they all non means-tested benefits eg disability and the like?

kittensinmydinner1 Wed 01-Nov-17 22:47:15

Mystified as to how someone with 2nd property income is bringing in 3k a month in benefit income. Unless it’s all non-means-tested disability benefits for himself, partner and children. And even then it would be mostly partners and her children’s benefit .. and at three grand a month , quite substantial disabilities. Really wouldn’t fancy your chances getting a lump sum out of benefit income.
If however it’s means tested. JSA/ESA / Income support. Then he needs reporting as the second income would count it out £ for £.
You need to be very sure of your facts.

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