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Again, thank you for your replies, I'm only just getting a chance to respond properly
Re Maintenance, I didn't claim because I didn't want anything from her, stupid i know, but i have my pride!
I had a quick look in to maintenance, cant be backdated and highly unlikely i can claim now as youngest is nearly 17
I had a look at the wikidivorce site and spoke to someone, unfortunately what they can do, costs money, something i don't have a lot of at the moment, hence the lack of a Solicitor to represent me! but they did give me abit of advice over the phone
To not even think about settling out of court, her Sol has said this can be done, but of course only if i give in to her demands
I have been bullied by her Sol, because i have no legal rep
30k is too much to be offering due to lack of maintenance and nothing paid to mortgage etc
They have suggested i write a 1 page doc to be presented at the next crt hearing to the judge, listing all that my ex has done wrong and all that i've done right (and hopefully the judge will take this into consideration)
I'd just like a fair hearing, as it seems the last 2 hearings i've been completely shafted, i believe the last judge thought this hearing was part of a financial settlement for a divorce, it didn't seem like she had read through my bundle that i had to prepare for court and didn't even know that i wasn't entitled to legal aid!
I've never disputed that she should get something, we were married for 20 years, its just the amount she wants and thinks shes entitled to and that she wants to basically throw her 2 sons out on the street if she cant get it from me
When you have a fancy talking Sol fighting your case, as she does, knowing full well she will be able to pay for this out of her "winnings" and i have no one, all i can rely on is getting a decent judge! I think maybe in cases like this both parties should be self represented, its hardly fair if one side cant afford a legal rep
I spoke to my local law center who basically said, its a family case, we cant advise, your only option is to get a private Sol
It really does show what our justice system is like , it seems there is no justice for a dad who was just doing the right thing by his family
Thanks for listening, i will keep you posted on the what happens next......
Also, forgot to add, CMS will charge me £20 if i want to find out if i'm entitled to maintenance, in my situation where its looking highly unlikely that i would get anything because of the age of my kids and that its 5 years since she walked out, £20 is a lot of money to me right now, it seems pretty unfair that you're charged just to find out, i'm assuming you wouldn't get a refund if it turns out you're not going to get anything !
If the 17 year old is still in full time non-advanced education, then you are entitled to maintenance until he leaves education, in which case it is probably worth making a claim.
Unfortunately everyone that needs to go through the CMS, has to pay the application fee... I’m not aware of any exemption from that.
Maintenance is applicable for any child up to the age of 20, as long as they’re in full time, non advanced education. That includes some approved apprenticeships and college, but not university. Full time means more than 12 hours a week.
You could attend a Families Need Fathers meeting in your area, where they may be able to support you with this, heres a link to their website where you’ll find details of meetings nationally
www.fnf.org/help-and-support-2/local-branch-meetings
All the best
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