How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

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: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 2 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 2 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, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 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 2 years ago.
Hi
Interesting point
What is your current GROSS income from all sources?
Clare
Customer: replied 2 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 2 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters