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Topic:
Help (2 Posts)
Started By:
Date:
08 January, 2018 01:45PM
Help
chr15j - 08 January, 2018 01:45PM
Ok, probably should have found this forum sooner but here goes:
Married for 12 years and had 3 kids
Now getting divorced, history is largely irrelevant so won't bore you but...
Since I left she demanded I pay for everything, rent, bills you name it.
I cannot afford this and put in place paying her well above CSA rate per month and paid rent for end of the month I left (august) and all of September. Also did calculations for her on what she can get via benefits etc trying to be helpful but this was not enough for her so on filing for divorce she also raised a maintenance pending suit application requesting just shy of £4k/month
MPS hearing was brutal and whilst I evidenced I could not afford this the judge awarded it anyway and backdated to when she filed.
She's hardly done a days work in her life (even before me).
We lived fairly comfortably but didn't own home and she spent well. I started up a business from scratch to meet her financial demands but was unable to keep meeting the increased expectations.
She went to the MPS hearing with a lawyer and barrister and I was flying solo so she has racked up legal fees too.
Im with my new partner and her children now but the judge took no notice of my financial/our needs whatsoever.
Im having to go to the court of appeal for the MPS hearing and have the final hearing later in Jan and will need to fork out on representation so I don't get eaten alive again.
Honestly Im at a loss because any money I spend, I don't have and its being diverted away from the children to lawyers.
I feel like I'm spilling my guts out here but I just need advice to see if I'm being unrealistic in my expectations of fairness.
I just want this to be over now and to move on being happy with my new partner and have a good relationship with my children but the stress is making it hard to work sometimes plus I'm having to do all this legal stuff.
Gut spilling over now
Re: Help
davidterry - 08 January, 2018 02:35PM
Before you go to the Court of Appeal (by which I think you actually mean before a Circuit judge because that is where appeals from District Judges usually go) you should get legal advice first otherwise you could be throwing good money after bad. You cannot appeal a decision simply because you do not like it. In order to be able to appeal successfully you need either to be able to show that the District Judge was wrong in law or else that he/she came to a decision that no reasonable judge could have come to.

It is quite possible that if you had been legally represented at the MPS hearing the final payment might have been different but that is not in itself grounds for appeal. To save yourself from falling into the same trap again you really do need to take legal advice sooner rather than later.
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