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Dear All,
Could anyone advise me on this? My ex. (we were never married and have 1 child and have shared parenting) after unsuccessfully submitting a claim to the new CMS ( I thought they were very good to deal with!) has requested I fill in an E1 form and send it to her. She has it in her head that I have undeclared income, hidden assets, even though the CMS figure was derived from HMRC and my most recent return.
I'm paying £200 per month as a family based arrangement and will continue to do so unless my earnings increase, in which case I will pay more.
My question is this, is there a financial threshold before a Schedule 1 can be launched? I spoke to her Solicitor last year querying this, he said that if I had assets in excess of £60 000 then I can have a Schedule 1 filed against me. Is this correct?
My only real asset is a house I still own with another ex, that she is living in with her new husband. I'm not even sure how much of this house I actually own and will mean a Court action in it's own right to force a sale. She offered to buy me out for a sum far less than £60 000.
I can't afford legal advice, so any help and advice would help relieve the intense stress this is bringing me.
The CSA (and I assume the CMS) will assess on assets, excluding your own home, of £65k or more (I think it used to be 60k), and they assume then that you are deriving an income from this.
I would say that you need financial advice in respect of the share of the house you own, and really, you need to know what your share is in that house, and whether you should be getting out of it. It may be worth popping into the Citizens Advice Bureau to get some initial advice.
Ok,
After further rooting around and phone calls, I'm not legally bound to fill in the E1 form unless a court dictates that I do. Additionally, I need to have assets of £50 000 or more. My ex can only be awarded lump sums from anything over that figure, so if I had £51 000 then she may get something from the £1000.
She seems keen to go to court, so in order to avoid this, I'll disclose to her, however she will also have to declare her income to me, something she wasn't counting on!
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