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Desperate Help Needed

4 replies

JPLAR · 05/07/2018 17:24

My partner and i divorced in 2016 and he got the majority of the money to buy a house for the children, whilst i was meant to take on all the debt and i had potential future employment. in 2017 he tried to go for full custody but it back fired and the court actually awarded 70/30 for the children to be with me, he appealed it and the court ignored it, a couple of months later he dropped the kids off at my parents and they have not been back with him since and it does not look like its going to change.

So my issue is he was given £100,000 in the divorce to buy a house for the children, this money was only released by the solicitor in October of 2017 and in Dec 2017 the children have not been with him.

He is now about to buy a house for him and his new partner as well as spending about £10k of that money on a car.

The kids are with me and we are in a housing association house and struggle financially every week, he does not pay maintenance yet works and thats going through CSA.

Surely there must be something that can be done in the courts to either reverse the decision about the money so that the money follows the children, especially as the money is not going to be used for what the court ordered, maybe thats the same as breaking a court order

OP posts:
MrsBertBibby · 05/07/2018 19:09

Unlikely, but impossible to say without seeing the order.

You need to take advice from a family solicitor, fast.

lifebegins50 · 05/07/2018 19:16

How did he get that award? Did you agree or through court? What was the basid for him having all the capital..were their pensions involved, other assets so what was the balance overall.

JPLAR · 05/07/2018 19:30

it was decided by a judge, actually a 3rd judge the other 2 judges had said 50/50 was best solution, i got to keep all my pensions but cant cash 25% till i'm 55 which is 8 years away, i got some cash but got all the debts
Wording on the order " that the lump sum of £97,735 has been ordered to be paid to enable the husband to purchase a home for himself and his dependants"

£15k of that has been used to buy a car and the rest is going to be used to help fund a house for him and his partner.

OP posts:
lifebegins50 · 06/07/2018 23:23

So it went to FH? Did he fail to agree to 50:50 at previous hearings? The issue with FH is that generally no one wins and both parties usually believe they got a bad deal.I settled at FDR, could have rolled the dice for a better deal at FH but wanted to move on with my life.

It is really unlikely it can be reopened as he could make a case that the dc's will be back to him.

Did you agree to pay CMS as I assume that has stopped.

For your own peace of mind see a solicitor but I think it is unlikely.
It often happens that teenagers have spats with parents and move homes, courts could not function if they had to reopen cases due to changes.If you had agreed spousal or cms then that can usually be varied as there is a term attached.
Assets are final unless there has been deception or extraordinary event.

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