Affidavit 15 April 2010

STATEMENT OF THE RESPONDENT

I make an oath and say as follows: -

1. I make this affidavit in response to the application for a charging order in respect of my property as above. I also make this affidavit in support of my application to vary the provision for child maintenance contained in the Financial order made on 25 February 2010 and to remit any arreas arising from the same and in relation to a previous charging order on 6 January 2010 .

2. On 26th February 2007 I agreed to a final settlement in respect of my divorce. This was at a time when I had been in protracted court proceedings for over two years and a final hearing had been again delayed for a further 6 months to be heard in August 2007. I was mentally and physically exhausted and was not in a place where I was making sane decisions. As a result I gave away 100% of the marital assets and agreed to pay a high level of maintenance to obtain a full and final settlement. I had spent a number of weeks in hospital and was signed off unable to work by my GP for an extended period during this time.

3. I continued to pay £875.00 per month up to May 2009 despite my deteriorating health and financial position as I felt not to do so would impact my application to have contact with my daughter. This case finally finished in May 2009

4. Since 2005 I had been attempting to get access to my daughter H. A final decision was made by Judge Lethem in May 2009 after a hugely acrimonious and drawn out case that eventually decided I could only have written contact due to the ‘implacable hostility of the resident parent making direct contact impossible and emotionally damaging to the child”

5. I spent in excess of £90,000 in legal fees on this case and destroyed my health and lost my business in the process. I still trade as (Company Ltd) but whereas I was the joint owner of a company that employed 8 staff I am now a sole trader. Whereas in 2005 I earned approximately £120,000 (much of which was drawings to cover legal fees); last year I earned £32,000. In 2005 I had assets (in the family home and a flat) in excess of £800,000, an inheritance of £90k and mortgage debt outstanding of approx £120k. My ex wife ended up with virtually everything.

6. My position now is I have monthly mortgage payments of over £2000 on property in negative equity and interest only mortgages and debts of £450,000. The business I am in and the market position show no signs of improvement and 2010 is if anything even worse than 2009.

7. Immediately following the end of the Children Act case I contacted the CSA to ask them to take over the Child maintenance issues. I was told that I could not raise a case and this could only be done by the Mother. I was not allowed by the court to contact the Mother so did nothing further. I was not using lawyers and did not know of the ability to go to the court to vary an order and thus did not go to court.. I was very ill in the period following the end of Children Act proceedings and was again off work and in hospital for an operation.

8. A few months later in July 2009 I had contact with the CSA this time as a result of the claimant, Mrs M making an application and I agreed to abide by their ruling. The case with the CSA was dropped by the claimant in August 2009 without only a scant explanation as follows.

“The reason why the application is no longer in force is as follows: the other party told us they don’t want the application or case to continue” See Appendix 1

I can only assume the Claimant did not like the answer she received. The CSA would not discuss the reasons for her withdrawing her application. Before this I had complied fully with the CSA providing all the information they requested. The applicant’s suggestion at (MAffidavit para 9) is therefore disingenuous. The CSA had even obtained corroborating evidence from my Accountant of my change in circumstances and business position. They had gone so far as to getting the unpublished latest company accounts from him before I had even seen them. This was carried out in secret by the CSA without my knowledge until after the event. (See Appendix 2)

9. I believe the claimant , dissatisfied by the CSA’s calculation and still seeking to try and cause me the maximum pain and embarrassment as she had by communicating to friends, family and my customers untruths throughout the divorce; then sought the Court route and is now continuing to use the law to her advantage as a means to harass. This latest application was as with the previous application sent to all my neighbours and included private correspondence and court documents from the family court that I believe is in contempt of court and certainly contrary to any privacy laws and clear evidence of harassment..

10. I refer to Appendix 3 and the letter I wrote to the claimant on August 11 2009 included in the pack sent to my neighbours. I also enclose in Appendix 4 the letter from the applicant not included in the pack but of relevance as it demonstrates the attitude and approach of the claimant.

11. I received very little notice of the proceedings for the first charging order which I believe was a deliberate tactic used throughout our divorce and I asked that the final hearing on 6th January 2010 be adjourned as I was unable to attend and defend myself in person and had no time to prepare my case. I appealed to the court and my appeal was rejected on the grounds I had not completed the appropriate forms. I attach my correspondence to the court and the correspondence of my neighbours who were very upset to be dragged into a private matter and have yet had no response from this court. (Appendix 5,6 &7)

12. I would ask that the court consider all of the facts in this and the associated court cases. I would especially ask the court to consider the opinion of Judge Lethem in the fact find and final hearing where he had to continually remind the claimant she was under oath and cast serious doubt over the accuracy of her statements.

13. I now pay weekly maintenance through the CSA following an initial assessment of {how much} on 19 February 2010. The figure proposed by the CSA was accepted by Mrs M and is effective two months and two days following my 2nd application to the CSA on 17 December 2009. On this occasion, having sought legal advice and challenged the CSA, they were willing to make an assessment on my behalf, but only able to put it in to effect with the consent of the Mother. This consent was given thus making any ongoing liability of maintenance orders through the TW County Court no longer applicable.

14. Given the dates concerned the interim order is no longer valid as it covers a period when the Court order ceased to be effective.

15. In so far as Child maintenance in general is concerned I ask the court to vary downwards the amount of £800 per month as ordered originally on for the period from 2009 to 19th February 2010 having regard to my significant change of circumstances as set out above. Further I ask the court to remit any arrears arising out of the Child maintenance order and to adjust the amount secured by way of a legal Charge against my property commensurately.

16. I also request that in considering my application the court takes into account not only my reduced circumstances but also; the behavior of the applicant and her ongoing contempt of court, the effect the county court judgment has had on my credit rating and ability to borrow and thus my ability to pay my outgoings from an ever dwindling income. See attached csa assessment (appendix 8)

17. Finally I note the application was sworn on 15th February 2010. Not sent until 29th Mar and received 3 April 2010. I will bring envelopes and contents of correspondence to court on 29th April to corroborate.

18. I confirm that the contents of this statement are true to the best of my knowledge and belief and that I am aware that it will be placed before the court as evidence.

Signed:

Dated 15th April 2010