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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been divorced for nearly 7 years from my ex wife. I

Customer Question

I have been divorced for nearly 7 years from my ex wife. I earn about £43000 / year and I pay her £650 per month maintenance for our 3 children. I have had our children approximately half the week since divorce and not claimed any money back from her. She works part time and gets all the child allowance and associated benefits as well and we go halfs for birthdays, school trips and school uniforms and bus passes etc. The letter her solicitor sent to me prior to the divorce states we will have a 'clean break' in which we will retain our own pensions, I will pay the maintenance agreed and she would get all bar £10000 from the sale of the family home (I think she actually ended up with about £90 - 100000) and she gave me £7500 in the end. All this was written into the subsequent court 'order.' She is now coming back at me threatening to take some of my pension as well, can she do this (we are both registered nurses and have our own NHS pension)? I now have a new partner and we have moved into a house (I lived in a flat before) and am due to retire this December.
Many thanks,
Chris.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
Was there a Court order setting out the financial agreement that was sealed by the court?
Clare
Customer: replied 3 years ago.

I have a document headed 'order' with a pink round stamp on it from 'Lincoln County Court' which describes in clauses how the property was to be sold, maintenance payments and something which ends by saying 'do stand dismissed' (which had talked about pensions sharing). I've attached the same.


I hope this helps.


Many thanks,


Chris.

Expert:  Clare replied 3 years ago.
Hi
Thank you for that
I have good news for you - your ex has no further claim on you at all and can certainly not make any further claim on your pension
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thankyou for that Clare I appreciate it. One last thing, regarding the maintenance, it says I pay £650 to my ex until my youngest reaches 18 (or finishes a degree). Does this mean I have to keep paying the entire £650 to her even as the older two reach 18 or finish their degrees (or leave home), or does it come down proportionately?


Many thanks,


Chris.

Expert:  Clare replied 3 years ago.
Hi
Interesting point
What is your current GROSS income from all sources?
Clare
Customer: replied 3 years ago.

My partner who lives with me earns £34000 / year, I earn £43000 / year. I retire in December and will get about £16000 / year.


Many thanks,


Chris.


Ps Can the CSA alter these payments (up or down)?

Expert:  Clare replied 3 years ago.
Hi
It is badly drafted as it should have provided for a reduction as each child turned 18 - but in any event you can apply to the newest version of the CSA at any time for an assessment which will replace the court order
Clare

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