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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 wife and I agreed a financial settlement when we divorced

Resolved Question:

My ex wife and I agreed a financial settlement when we divorced and I took a substantial reduction in the amount I took from "the pot" on the understanding that I would not pay child maintenance for my sole child.
The agreement was rubber stamped by the courts
The agreement had a clause which said " neither party shall have any claim what so ever on the other party" . There was no mention of maintenance as this was supposed to be the cover all
But my ex has now applied via the child maintenance service. I have sent them a copy of the agreement but they are insisting I have to pay.
How can they just ignore a court order - Help please
Submitted: 3 years ago.
Category: Family Law
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.
Can I assume that you had no legal advice when you signed this?
Clare
Customer: replied 3 years ago.

Hi Clare

Both myself and my ex wife took legal advice and the solicitors drew up the agreement. (ex wife is a lawyer as well)

I cant go back to my original solicitor as too be honest - he charges too much and I cant afford him.

Regards

John

Expert:  Clare replied 3 years ago.
Hi
he also gave you bad advice.
You shoudl have been told that the words you are referring to do NOT include child maintenance at all - and cannot legally do so.
I am afraid that whatever you understood about the settlement you do remain liable for Child Maintenance so far as the CSA is concerned and you need to ensure that substantial arrears do not occur.
If there is clear written evidence that she said she would not claim child maintenance you could possible claim the money back via the Small Claims Court - but there is little likelihood of success
Please ask if you need further details
Clare
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