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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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My ex husband hired a legal person to draw up a consent order

Customer Question

My ex husband hired a legal person to draw up a consent order and we both agreed that I would not have a share of his pension, property etc - but as maintainence for our daughters who live with me I would receive £350 each - this was awarded in the Consent order in 2004. He did not pay me anything in 2004 , then in 2005 anything between 200 to 350 in total and theb since 2006 £400 in total a month until our eldest daughter is now 18 and he is paying £200 per month for the 15 year old. I have asked him for help and the money I was promised so many times and I am a trusting person and hoped he would pay up but now realise that this will not happen. Will I after this time still be able to go back to court to make him pay me?

Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello my name is Mac and I can help you with your question.

You can recover arrears from the last twelve months without difficulty upon making an application to the court. However, it is very difficult to recover arrears beyond that, as you need the court's special permission which is rarely granted. I doubt that you will be successful in going back more than twelve months.

I'm sorry about that, and it seems unfair, but the recipient is deemed to have forgiven arrears going back further than that.

I hope that is helpful, if not entirely what you hoped to hear. If you would like any clarification please do ask. Otherwise I would be grateful if you could rate my answer.

Regards,
Mac




Expert:  familylawexpert replied 3 years ago.
Hello,

I notice that you haven't yet rated my answer. I wondered if that was because you have any further aspects of your question that you would like me to help you with? If so, I'd be pleased to help.

Please do let me know if there are any areas of your question / my answer on which you would like me to expand, otherwise I would be very grateful you could rate my answer.

Regards,
Mac.

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