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I am in court Monday for a first hearing under Section 1 of the Childrens act where my former partner is trying to rinse me to pay half of the mortgage on our jointly owned property and she moves back in with our Children.
If I pay half of the mortgage then I am unable to house myself and the children which inevitably will lead her to restrict access, she has already mooted that I get "to much" contact.
My former brings in over £20K in benefits and is housed with her mother and father who have a 3 bedroom house, not spacoius but comfortable.
She argues its in the best interests of the children that she moves back in with them despite that I have half of all school holidays and 5 nights out of 14.
She has also suffered 2 strokes which means that she cannot maintain the house such as cut grass etc and I also fear fro our childrens care as she has previous history of pshyciatric treatment (personality issues), andger issues, drugs and alcohol. She also got us into debt due to her financial mismanagement which all seems to result from her brain injuries as a result of the stroke.
I know that its been hard for me to cope with the upkeep, 2 children almost half of the time and a job so I really dont she will cope but it seems Im on a one way street to being out on my ear with no where to reasonably accomodate our chiildren.
Anyone any advice??
Regards,
Dave
I wish I could be useful here....just fight your corner and put all your points across, it's not as though she is homeless whereas you would be in a much more difficult position than she if you had to leave the property. She is being supported by her parents which is more important given her medical history. Also the fact that you have the children quite a chunk of the time means that it is important they you have the room to continue to facilitate their overnight stays, something that would be pretty hard to achieve if you had to vacate and still pay half the mortgage and rent on another place.
Best of luck on Monday Dave.
Can't add anything, except also wishing you the best of luck on Monday.
Thanks Mojo amd actd!
I will update on Monday so others can hear how things went although it is a first hearing so probably not much will be said apart from ensuring all of the paperwork is together.
Regards,
Dave
Attended directions hearing today and there are some financials to get together. The other side want to know what my pension pot is as I may be able to draw down on it. I cant as there is £1400 in my pension fund. I neglected it for years and have only recently started paying a pension.
She has a larger pension pot than I have but they neglected to mention this so I asked for proof of her pension. I dont think that will get me far to be honest.
They want me to move out and pay £1358 a mont maintanance. I already pay £505. So she wants me to move out and pay the mortgage plus a bit extra and we were not even married??
Fathers beware of section 1 of the childrens act 1989.
Im really not sure what to do now.
Regards,
Dave
er, wow! That's a huge amount she is after - I think you really need a family law solicitor for advice with that much at stake.
I have a solicitor who has told me that the best I can expect is to leave and try to reduce the additional maintanance amount. The other side are really gunning to get this through.
I have an appointment with an other solicitor next week for a second opinion which I wish was sooner as Im climbing the wall at the moment.
It just doesnt seem right.
I will update this thread as I go and share.
Regards,
Dave
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