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Mediation failed, now court?

2 replies

themuminator · 10/07/2017 11:26

Hi,

It looks like mediation has now failed. After about 6 sessions and a joint cost of about £5k.

We had shared outgoings schedules and agreed an interim maintenance amount. He hasn't paid it, but paid what he thinks he should (a lot less, based on CMS online calculator on his basic salary), saying he can't afford it, despite taking kids out for two meals in a week and cinema, hotels, with his girlfriend etc (all on his bank statements).

We were just about to get to the end point of how the financial split would work, and he was livid that he would either have to remortgage at 95% to buy me out enough for a place to live, or end up selling and we'd both be in very tiny houses.

I've cancelled mediation because he hasn't stuck to what was agreed. Now we are looking at £15k each for solicitors and court? I don't have that kind of money, so it will just come out of whatever the settlement is, and I will be left unable to buy a house.

The days per week the kids are with each of us is still in dispute too. For the last month and a half that I've moved out of the house, we've been doing 4/3 (me/him). But it is unsettling for the kids and my teenager doesn't like having to take all her school books and things for changeover day to school with her. They are both very uncomfortable with the situation, and have asked to be with me more of the week.

I think they need 5/2 (me/him) and he won't agree to it. Do we go to court for this too, and another £15k? Can I just change the days before then?

I'm not sure whether to go to the CMS now, or contact solicitor and go through them. Just scared of not knowing the next steps and his controlling behaviour continuing even though I've left now.

His basic is double my salary, and his bonus was more than my salary last year. He is trying to get it discounted saying it is not a guaranteed bonus, so CMS calculation will be lower.

OP posts:
Collaborate · 10/07/2017 11:46

Sounds like you need to get the solicitors involved. Do you have one already? If not and are looking for recommendations let us know roughly where you are (or PM me) and we can recommend some.

themuminator · 10/07/2017 13:52

I do have one already, thanks so much Collaborate. I am seeing her this week, but in the meantime am panicking. It feels like the mind games continue way after an actual split.

OP posts:
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