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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Dispute over child support order

19 replies

gelatodipistacchio · 28/04/2021 10:24

My ex and I agreed that he would be liable for 50% of childcare costs.

My solicitor has put this in the financial order. Essentially, it's a provision saying he must pay 50% of costs for after school care and school holiday care.

My ex insists that my solicitor is an idiot and no court will approve an order that doesn't precisely define the sums to be paid.

Does anyone have views on this? (Preferably based on direct experience or expertise)?

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ThisIsStartingToBoreMe · 28/04/2021 12:29

Of course the order specifies the amount - it's 50%. Do t worry about it.

gelatodipistacchio · 29/04/2021 09:21

Just spoke with him. He said my lawyer is a "retard" and he won't agree an order to this effect.

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PaniniHead · 29/04/2021 09:33

I wouldn’t speak to him about it anymore. Tell him to go through his solicitor to yours

MintMatchmaker · 29/04/2021 09:36

So does he expect the order to be re done every time a childcare setting that you use increase their prices?

I wouldn’t bother speaking with him about it, let him deal with his lawyer and the court.

MintMatchmaker · 29/04/2021 09:36

He sounds lovely. I bet you’re glad he’s an ex!

UhtredRagnarson · 29/04/2021 09:38

Don’t engage with him about it. You have a solicitor for a reason. He needs to speak to your solicitor or have his solicitor do so.

gelatodipistacchio · 29/04/2021 09:42

He claims to have a solicitor, but there is no sign that he has actually engaged one. He has been sending nasty letters directly to my solicitor.

The bottom line is that he claims it's utterly bizarre, abnormal, and unacceptable to order payment of child maintenance and half of childcare payments. His constant criticism of my lawyer is making me doubt her. So the question is whether this is actually the "wrong" way to go about putting these agreements in a financial consent order. He says this should just be in the recitals.

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gelatodipistacchio · 29/04/2021 09:43

I actually have refused to speak with him about this but I had to see him in person. We were visiting my daughter's future school. He literally said to me, "most of the students are white, which is a good sign." He's such a dick.

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Cleverpolly3 · 29/04/2021 09:48

If it’s court ordered then it’s court ordered
50% of childcare costs is easily quantifiable and he is just being a toad for the sake of it

gelatodipistacchio · 29/04/2021 09:50

@Cleverpolly3 we are arguing about what should go into an order which in the future would be approved by the court

We both have legal training, but neither of us does family law.

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Henio · 29/04/2021 09:55

Aww racist too, how lovely

HosannainExcelSheets · 29/04/2021 10:08

we both have legal training but neither of us does family law

Oh dear! That's the worst kind of idiot behaving like they know everything because they have a tiny bit of knowledge but no clue as to how much they don't know.

Try to disengage and leave it to your solicitor. But instruct them not to reply to your ex or incur any cost related to direct contact from your ex. That can really rack up bills if he keeps emailing your solicitor.

gelatodipistacchio · 29/04/2021 10:35

@HosannainExcelSheets

Seriously. I know enough to know that the standards/norms in family law will greatly differ from those in high stakes business litigation (and that I therefore need a solicitor). He doesn't seem to get that.

Does anyone have specific insight into the order/recitals point for financial agreements relating to children?

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WellIWasInTheNeighbourhoo · 29/04/2021 11:00

My court order specifies the school fees will be paid. But not how much as obviously it changes every year. He is a racist ableist fool.

Be careful with these dicks who constantly write letters to your solicitor - it costs them nothing, while you have to pay for it to be read and responded to. I instructed my to pass any letters straight to me and then I decided if a response was needed and summarised to my sol. You dont need to let him rack up bills in your names.

gelatodipistacchio · 29/04/2021 11:08

@WellIWasInTheNeighbourhoo

Thanks - that's helpful. My solicitor won't write to him without my instructions, so I'm at least limited in how much money I will lose to this type of correspondence.

We are in the home stretch now and I think he's sick with the idea of having ongoing financial obligations towards his child (or as he puts it, giving me money)

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HosannainExcelSheets · 29/04/2021 11:54

I think a recital of "50% of childcare costs, {to be agreed in advance on X dates (ie per quarter or per term or per year)} or {to be agreed [six/eight/12] weeks in advance of payment}" would be acceptable.

gelatodipistacchio · 29/04/2021 12:04

@HosannainExcelSheets

Just to confirm - why in the recitals rather than in the body of the order?

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HosannainExcelSheets · 29/04/2021 13:47

I think you could put it in either place, but again I'm not an expert in the area. Your solicitor should be able to advise but it comes down to whether it's enforceable or not, really, rather than specific form.

gelatodipistacchio · 29/04/2021 17:09

I think that the specific form is important and that is the crux of the issue. He wants it to be in the recitals so it's not actually ordered by the judge / enforceable as an order

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