01-16-2018, 06:14 PM
(This post was last modified: 01-16-2018, 06:16 PM by mikeg4278@yahoo.com.)
I am divorced 10 years and have 1 child who was moved 250 miles away from me around 5 years ago. I took out a court injunction to prevent this and as part of the agreement to remove this injunction and allow my ex to move, we mutually agreed via a court order that she would bring him at her own expense to a midway point between the two of us at her own expense. In the last three years, this has been superceded by an arrangement where he flies fortnightly between the two us and we both bear the cost of one flight each plus chaperone costs(the cost of this more or less equates with the cost of the journey by car). This has worked without any problems for the full three years.
She has long been resentful of this arrangement and just after Christmas, she announced that is no longer prepared to pay for her flight but would still make my son available for contact if I paid the return flight she is responsible for.
To further complicate matters, she is currently threatening to take me to court re a best endeavours clause to remove her name from the mortgage for the FMH. This has never been an issue until last summer when she found herself in her new property on a Standard Variable Rate after the expiry of a long-term fixed deal. Despite being able to secure a new mortgage first time around, she is being prevented second time around due to her name being on the former marital home. It is in both our interests for this situation to be resolved as there are considerable cost benefits for us both.
On this basis, I applied for a mortgage last summer and was marginally unsuccessful but told by the broker that it would be highly likely I would succeed next time around on completion of the second year of accounts for my business. I am currently self-employed but was only able to submit one years of accounts. I will be in a position to submit another year of accounts at the end of March.
I have explained to my Wife that I cannot simply take on the cost of her flights as it will severely jeopardise the mortgage application. I have suggested that we appoint a mediator and do a mutual financial disclosure in order to reach a resolution. She has completely ignored all suggestions and requests to find a resolution, therefore, forcing me to take legal action the cost of which will once again have a detrimental effect on the mortgage.
I have written to her and advised that if she is not prepared to discuss a resolution or consent to mediation then the only option I have to keep the mortgage application on track is to book the cost of the flights and deduct this from her maintenance, providing her with the receipts. This will basically mean she is not any worse off than she is currently but I maintain contact with my Son and keep the mortgage application on track. I have informed her twice of my intention to do this and it once again been ignored.
Can anyone please advise on the likely implications for me if I take this approach. All payments are fully up to date and there are no arrears.
She has long been resentful of this arrangement and just after Christmas, she announced that is no longer prepared to pay for her flight but would still make my son available for contact if I paid the return flight she is responsible for.
To further complicate matters, she is currently threatening to take me to court re a best endeavours clause to remove her name from the mortgage for the FMH. This has never been an issue until last summer when she found herself in her new property on a Standard Variable Rate after the expiry of a long-term fixed deal. Despite being able to secure a new mortgage first time around, she is being prevented second time around due to her name being on the former marital home. It is in both our interests for this situation to be resolved as there are considerable cost benefits for us both.
On this basis, I applied for a mortgage last summer and was marginally unsuccessful but told by the broker that it would be highly likely I would succeed next time around on completion of the second year of accounts for my business. I am currently self-employed but was only able to submit one years of accounts. I will be in a position to submit another year of accounts at the end of March.
I have explained to my Wife that I cannot simply take on the cost of her flights as it will severely jeopardise the mortgage application. I have suggested that we appoint a mediator and do a mutual financial disclosure in order to reach a resolution. She has completely ignored all suggestions and requests to find a resolution, therefore, forcing me to take legal action the cost of which will once again have a detrimental effect on the mortgage.
I have written to her and advised that if she is not prepared to discuss a resolution or consent to mediation then the only option I have to keep the mortgage application on track is to book the cost of the flights and deduct this from her maintenance, providing her with the receipts. This will basically mean she is not any worse off than she is currently but I maintain contact with my Son and keep the mortgage application on track. I have informed her twice of my intention to do this and it once again been ignored.
Can anyone please advise on the likely implications for me if I take this approach. All payments are fully up to date and there are no arrears.