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I attended magistrate court last week to attend hearing as im trying to reduce my maintenance court order as my wages have dropped about 25% since the order was made. Told to get there at 2 arrived at 1:30. Then waited till 4:30!!! as the judge was running late, was then ushered to another courtroom where my ex wife's solicitor asked for additional statements and personal information.
This information is totally irrelevant, and an invasion of my privacy having my ex wife going through my private bank statements we have been separated over 4 years and divorced 9 months. The judge agreed to the request but I believe this was because they were rushing to get through the back log, and also because she wasn't given the bundle of information I had already provided.
My question is how do I lodge a complaint against my treatment and get the hearing re heard with a judge WITH all of the information and WITH enough time to make a proper judgement.
Ive looked for an answer online but it only gives information on convictions and end of hearing judgements. Not orders.
Help please.
Viv
not sure if this link will help at all
I'm not sure you'll have much success - there is never enough time in court, and because the matter is financial and the divorce is still relatively recent, her solicitors will probably argue that it is still relevant.
If the court order for maintenance is now 9 months old, you might be better withdrawing you application, waiting 3 months and then going to the CMS to get them to calculate your payments (check their calculator) - a year after the maintenance order, their decision overrides the court.
After further checks it seems that the financial court order for maintenance is until the children are 18 or until finished full time education. I don't understand why it would be set as a court order. The previous 3 years before the court order I voluntarily paid maintenance. I missed a few months due to lack of work but did give her all of the equity out of the house sale and took on all the debts created during the marriage.
This seems very harsh. I currently pay £620 per month, I used the CSM calculator and it says I should be paying £312 per month!! Almost half.
Does anybody know of any free legal advice I can get? I cant get legal aid as I earn too much , cant go back to divorce solicitors as I am still paying their massive bill. Cant afford to pay £500 min advance payment that a new solicitor will cost. This is a total nightmare.
You could try the Citizens Advice Bureau for free advice, but as I said, after 12 months, the CMS can override the court order, so in 3 months, you could apply to them yourself to take the case and then you'd be paying what their calculator says, not what the court ordered.
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