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MPS Order

  • Andyevs1900
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16 Oct 24 #524365 by Andyevs1900
Topic started by Andyevs1900
I'm separated for over a year, my ex has had 3 opportunities to mediate and had declined to engage, for the first 9 months while my daughter was doing her GCSEs I paid massively over what would be required to pay by any CSA calculation approx 2.5 times the amount, as I promised my daughter I wouldn't upset anything until she finished her GCSEs so she could focus on them in a calm way, I then dropped down to paying maintenance based on essential needs as agreed with my solicitor which was in line with a CSA calculation, she only works part time and has ignored any responsibility to mitigate her financial circumstances by working more, I was also paying money direct to the kids as they are 16 and 18 but both in full time education, my ex took me to court on an MPS basis for an additional 2 grand a month and was awarded less than a third of that and also had her costs awarded including barrister to the tune of 5k - I'm not going to appeal the extra payment but can I appeal the costs on the grounds she got less than a third of what she applied for. Additionally, we have raised questions on her form E about missing bank accounts and savings which she has so far refused to answer. The MPS hearing didn't address unwillingness to mediate, missing financial information, and also unwillingness to apply for Universal Credit by claiming that doing so would be fraudulent because I was labelling my bank transfers 'housekeeping' and not 'maintenance'. Plus the extra payments have been back dated 4 months to the time when I changed my level of support.
Not sure I'm getting what I need from my counsel in this regard, so any advice would be appreciated.
thanks

  • .Charles
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16 Oct 24 #524366 by .Charles
Reply from .Charles
It's only a partial response to your many queries but in relation to the costs issue - there is very little chance that you will be able to appeal that costs order.

Whilst your ex was only partially successful she was successful in her application and that's what the judge decided when awarding costs. You would spend more to appeal it most likely end up with another costs order against you.

Charles

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16 Oct 24 #524370 by Andyevs1900
Reply from Andyevs1900
Thanks for the response, much appreciated

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