Ex quit his job before Final Hearing

[Mls1984btc]

1st fdr adjuncted due to missing docs. Now at adjunct fdr ex just dropped the bombshell that he has lost his job, which he has held for 25 years prior to 1st fdr.

Knew he is going to play games but was shock at the extent he is willing to try, at the expense of son's education for a better chance of a higher equity of FMH (and possibly getting the house and me paying him spousal support). The judge has indicated that 50:50 clean break will be feasible for our situation.

Will he be successful? Both of us are not high earners.

Did he quit or was he made redundant?
lots of people are losing their jobs through reorganisation and cost cutting

it’s unfair to accuse him of he’s been made redundant. Of course if he’s deliberately quit that’s another matter

if you’re not high earners spousal unlikely ( and unlikely anyway as he’s not been out of employment long and they’ll assess him on his earning potential)

why is 50:50 not appropriate?

Because he thinks that he is entitled more, now that he is unemployed and require more financial support.

Definately not being made redundant. He has either quit or sack by his company.

50/50 is always the starting point. Unsure why this change of circumstances affects your son's education as I assume not independently educated if neither of you are/were high earners.

You don't even know whether he was sacked, made redundant or resigned.

My son is privately educated (bursary and scholarship) but we still have to pay a portion of the school fees.

He mentioned he has lost his job as he is being investigated at work. Not redundant.

A lot depends on the circumstances. His career history will dictate his earning potential which will be used to work out the equity share. Which shouldn’t really change on the assumption he will just get another job.

If his current unemployment is unavoidably permanent or long term, for example due to ill health or loss of professional status, then it changes everything.

The most probable issue is that assets will be split 50:50. Presuming he can still work. But no one can compel him to work and any CMS contribution will be compromised if he stays unemployed.

As a low earner he won’t be obliged to contribute anything more than CMS and school fees won’t be capitalised within the asset share.

School fees may be a desirable expense as a parent but if you are low earners it won’t be deemed a necessity. Unless it is something you are both committed to.

Thank you for your response. Was worried the anti private school brigade will be chastising my worry about our decision to keep him in the school (still out as he wants me to fork out his share of school fees or borrow from my family, despite an offer of huge lump sum to get him out).

I am not asking for CMS, just for him to agree on clean break which the Judge has stipulated a 50:50 split. He is obviously fit to work but has chosen not to. Although he was represented by his solicitor, during the last hearing he has chosen to omit this new change but instead push ahead with adjuncting the court proceedings (which he got) then subsequently either sacked his solicitor or dropped by his solicitor.

As I am self repping, I am now frantically trying to contact the court to ascertain the date for the next hearing as I know the longer it drags on the higher my financial loss will be. He is still staying in the FMH and has decided not to contribute to anything. He is adamant that as long as he is unemployed he can get a higher equity or have the whole house instead of 50:50 (he having to move out).

He is living in cloud cuckoo land

what was his salary ?

I requested a clean break settlement as I suspected he would not comply with any court instruction nor any moral consideration.

Just be careful OP, be one step ahead, do not underestimate the spite, self regard, energy OH can and will project into coming out on top, at the expense of child/children.
I was in a very similar situation, he also left his job so that he wouldn’t have to pay for his children and neither did he, ever, soon as we were officially divorced he resumed employment. Trickier than a barreload of monkeys.

But! I had a good solicitor, which you need, good luck !

Thanks!

Unfortunately I have decided to keep the small savings I have and use them in the event of my ex decided to renege on the school fees. I think the divorce has negatively impacted my son so far, and he loves his school. I would rather use that to keep him where he is happy instead of pulling him out due to our mess.

Just need to keep pestering the court to finalise on the adjunct date and see what the judge thinks in terms of my ex refusing to accept any reasonable offers.

When will this nightmare ends? I am longing for the day when I can finally breathe

Well in that case it's not something he sought out. I would be more worried what he did that warrants investigation and whether it will prevent him getting future employment. The only thing it should impact is child maintenance and ability to chip in for private education. Unfortunately in many break up situations private education has to be halted. How long is left and can a sum be set aside from sale kf the house to cover this?

Hi @Spirallingdownwards only a year left, of which my savings should hopefully covered.

I am buying the house from him (hence the lump sum & me taking over the leftover mortgage). That's why I was worried about the equity - he could potentially asking for more equity, i.e more lump sum. Unfortunately I think he is determined to get as much from me out of this while being as awkward as possible.

I was convinced this will happen and has pleaded with the judge, at the 1st fdr, to set a date for final hearing instead of adjuncting the fdr. Unfortunately the Judge refused so now we are back to square one, i.e waiting for the court date. And without a solicitor from both sides, I am struggling to get any response from my local family court.

I suspect if he has lost his job he can no longer afford the solicitor.

It must be very frustrating for you. Hopefully you can push for a hearing date. It may be worth going down and standing at the counter and asking that they list it.

Hi op,

my ex did the same thing - left his job 12 days before our final hearing. Our youngest was in private school and ended up moving schools 3 weeks before the start of term, he didn’t tell me he couldn’t pay school fees until we were actually in court!
it didn’t work - he ended up with 8% of total assets with heavy penalties for conduct and non disclosure. He was told he wasn’t maximising his income too. My ex was a particularly nasty piece of work, he also sacked his solicitor the week before the hearing and quit his job straight after the fdr didn’t give him the indication that he wanted….

it will be long but have faith, I think they ultimately see the truth of people and it will be okay. Tell the truth, be fair and reasonable and get a good solicitor!! Happy to answer any other questions if it’s helpful

That's really helpful to know!

I just need to concentrate and take one day at a time and focus on providing for my son. It is a highly stressful and challenging environment, with him still staying in the house.