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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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my ex-husband pays child maintenance weekly for our two children,

Resolved Question:

my ex-husband pays child maintenance weekly for our two children, he is planning to leave uk and go back to his birth country for good, he has parenting right, he has a property which he is planning to sell, he also is planning to take any profit he gets with him, and he will not pay anymore child maintenance, because he is planning to retire early, under the law is he obligated to share any profit he gets with his children before he leaves the country?? he will leave his children with not support at all.
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Dear Nicola


 


I am ok with continuing waiting, please let me know as soon as you have an answer.


 


Kind Regards


Doris Valencia

Expert:  Nicola-mod replied 3 years ago.
Hello Doris,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello Doris,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Dear Nicola


 


I would like you to please keep searching for someone, I really need to know if my children have any right to any money my ex-husband gets for the selling of his house, he has not other family, so the profit is only for him, I would really appreciate if you can help me with my worries.


 


Thanks


Doris Valencia

Expert:  Nicola-mod replied 3 years ago.
Hello Doris,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was there a financial order made within the divorce proceedings?
Which country will he return to?
Clare
Customer: replied 3 years ago.

Hi Dear Clare


 


The financial order when we got divorce establish that he will pay child maintenance weekly for my two children, and he has been doing for the last six years until now, but now he has decided to go back for good to Spain, he is not going to work anymore because of his condition, he is with medical incapacity right now from his work, he will be paid for the next 4 months then he is planning to sell his house and with the profit he gets he will go back to Spain leaving me with the entire responsibility of our two children, I am a single parent and I just think he should give me some money for our children before he leaves for good, when I tried to talk to him about it, he is applying that he will use that money to settle back in Spain and he will use his pensions for the normal day leaving, it seems that he has a good plan, but not for me, I am totally scare that I will be by my self with my two children, without any economic support, he may not get a lot for the profit but what ever he can give me it will be for my children.


 


I hope I responded to your questions.


Many thanks for any answer you can offer to me.


 


Kind regards


Doris Valencia

Expert:  Clare replied 3 years ago.
Hi
Did you get a share of the family capital as part of the divorce proceedings?
Clare
Customer: replied 3 years ago.

Hi


 


Yes, I did get the 50% of any family capital we had.


 


Doris

Expert:  Clare replied 3 years ago.
Hi
Will he receive a Pension of any sort?
Clare
Customer: replied 3 years ago.

Hi


 


Yes, he will, he did not mention exactly what pension he will get, but he mentioned that he will get some pensions, which he will use for leaving on.


 


Doris

Expert:  Clare replied 3 years ago.
Hi
The Maintenance will remain payable and you will be able to apply to enforce the Order in Spain using the process described here
http://www.justice.gov.uk/downloads/protecting-the-vulnerable/official-solicitor/short-guide-remo.pdf
To change that he would have to make an application to the court here in the UK
You have no claim on his capital I am afraid
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Dear Clare


 


I read the information about how to apply to enforce the maintenance order in Spain, but please could you tell me, how successful do you think my application would be? because he will not have any other income apart from the pensions that he may receive, do you think it will be worth doing the applying?.


 


I really appreciate the time you are taking to answer my questions.


 


Kind Regards


 


Doris Valencia

Expert:  Clare replied 3 years ago.
Hi
yes I think you have a reasonably good chance of success.
Given that it is a matter of filling in forms and there is no fee then there is little to be lost!
Amanda
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
Clare and other Family Law Specialists are ready to help you

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