ExDP is at solicitors now getting a contract drawn up

[hobbgoblin]

It's to say that I accept a vehicle in lieu of maintenance for DD. The vehicle is a long term hire contract through his business for a 3 year term and will be approximately half the entitlement if you go by standard maintenance calculations.

It is very unfair in the sense that I don't get the full amount but equally I wouldn't be able to get a car to ferry all the DC around on my own - it's an MPV. So, we're doing each other a favour. My questions are; am I mad to accept these terms? Will a solicitor draw up such a contract when it appears to be hugely in his favour?

cant you ask for money as well?

what if it breaks down next week?

how is he valuing it?

What if he later decides not to continue paying the lease fee? Or if he decides not to renew it at the end of the three years? Or he loses/changes job?

Personally I would be inclined to have the maintenance in hard cash and see if you can do a deal for your own car. There are still some decent deals around from car dealers at the moment.

The Solicitor will have to warn him that he can't rely on you not changing your mind and that if you do, and go to the CSA he'll end up paying you twice.

You need to get your own solicitor sorted asap to protect your interests.

You need your own solicitor. I have no idea if this agreement is either fair or legally enforceable, but FFS don't just accept what XP tells you when he is demonsttrably a twat who puts his own interest above yours. His solicitor is acting for him, not for you and not in the interests of some abstract ideal of fairness, that's not what solicitors do.

Well, he is aiming for the contract to set out that I will not pursue him for the remianing money that the CSA would highly likely award if I were to go to the CSA. I will be dispensing all claim against him in that respect. In turn he will sign to say that he will keep up payments on the vehicle for the term. If it breaks down it should be covered by the policy on the vehicle, but I will be checking that.

It seems fair because I know my credit score will not allow me to set up a similar agreement on a vehicle. He struggled and he earns plenty and has a bloody sports vehicle and other assets so I stand no chance.

Also, he will be very nasty if I kick up a fuss and I can't take that right now. However ,I'm not going to sign my rights completely away even if he is likely to be vile.

It doesn't sound like a very good deal to me.

So, do solicitors have any moral obligations in this situation?

If you were a solicitor would you think 'hang on a minute this money is for the child and I am allowing a contract to be drawn up that denies the financial rights of the child because the child's father is a greedy pig of a man therefore I cannot draw up such a ridiculous contract'?

I wouldn't pursue him for the remaining money - I am happy with the car because it means I can drive safely as opposed to not and I was happy to do this on trust but he would be vulnerable to me being as selfish and horrible as he is to me...

Can he even do that if it's not his car?

Hobb, it's a solitictor's job to do the best for his/her client, end of. That means your XP's solicitor is actively engaged in creating a deal that is best for XP not anyone else.
Please, stop worrying about XP's feelings. He's a knob. Look out for your own interests and those of your DD.

i would imagine if it breaks down,and wear and tear etc,will be your costs to bear

what about road tax?
insurance?
fuel?
mot?

I can't get the seats all in safely in my car. I really need the vehicle.

I don't know what else to do. I can live on the reduced maintenance - we won't go hungry, that's all that matters. It isn't fair but the agreement meets the greatest needs even if he will be rubbing his hands.

I just don't want to sign smething that will leave me in a mess.

He phoned today to say he was going to get contact included and I thought 'go ahead and try you prick' but I just said I don't think that is appropriate and neither will the solicitor. I know the solicitor will not entertain this.

sorry mutt.

It isnt so much about moral obligations but his solicitor has a professional obligation to ensure that you have sought legal advice.

I suspect any solicitor will agree with all other posters and tell you not to do it.

Not sure how he is going to insure it since you are not an employee and nor are you a family member.

It all sounds dodgy AND a tax dodge.

a car, unless it is a brand new bentley continental is hardly equivalent to supporting your children until they are 18

a car on the drive won't put shoes on their feet or clothes on their back or pay for schcool trips

what happens when or if it breaks dwon or is stolen? or costs more money ?

it sounds like a great way for him to pay you off and shirk his responsibilities

Hmmm. Okay.

I cover all costs on my own vehicle so nothing changes there. It will be his vehicle in his name but the finance people are aware that I will be the main driver so pretty sure that is all okay and legal. It's his business so up to him how the vehicle is used I guess.

If I get a solicitor I'll lose the car and then be very stuck.

I know that's wrong. I am trying to deal with a moron here.

The maintenance calculation would be a lot. Double what I get for my 2 DC from my marriage. I don't need all that money for DD but I do need a car to get about - would be cheaper than public transport as a trip to town and back with them all costs £20 there and back.

I am sorry if this sounds harsh, but you are giving in for an easier time of it now, when you need to hold out for dcent proper maintainance,

how lovely, he can give you a car and never put his hand in his pocket again

no wonder he is pressing for this

please please please get a lawyer ASAP , you are going to get shafted and so will your kids