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: 33538
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

In 2006 my ex husband signed a court order agreeing to pay

Resolved Question:

In 2006 my ex husband signed a court order agreeing to pay child maintenance for his 2 children until they left university. When my eldest child went to university 2 years ago he arbitrarily decided to cease maintenance to me and paid my daughter a much reduced sum. She is at home with me for approximately 20 weeks of the year and never stays with her father, but her father provides me with no financial support for her during this time. He has recently (approximately May 2014) been to the CSA and overturned the Court Order for both children ( my youngest daughter is 16), on the basis that he is paying for another child, aged around 7, that is his by a lady he claims tricked him in to having the child, neither of whom have ever lived with him. Then he claims he pays for a child around 7, who is not his, but who lives at his house as he is the son of his current girlfriend. The father of this child is known and local, but the mother chooses not to claim maintenance from the real father. The CSA approached me and told me that my ex husband was making an enquiry about maintenance for his son and did I wish to be involved. I declined saying that I had a Court Order. They agreed and told me that he had told them that he had no intention of overturning it. Subsequent to that I received a letter from the CSA belatedly overturning the order for both of my girls, but my ex husband continued to pay the original court agreed sum for the youngest daughter, so I did not appeal. In August he reduced the sum ( practically halving it) to the CSA recommended amount. My ex husband earns at least double the £150,000 specified by the CSA, and the Court Order was agreed by the Courts based upon the requirements and expectations of his children if they lived with him. I know that I should have contested this straight away, but as he continued to make the payments, I trusted that he would continue to do so. I have avoided confrontation in the past, despite continuous bullying, because I thought that it was best for the girls and also because I suffer from acute clinical depression and bipolarity. I have now reached the end of my tether and wish to know if I can reinstate the orders.

I should add that I have sent 3 emails asking to discuss this or go to mediation. the first one he replied to telling me to take it up with the CSA as they had decided this. when i pointed out that it was his choice to follow the amount recommended by the CSA and that i wished to discuss it with him or go through mediation, he did not respond to those emails.

Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 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 2 years ago.
Hi Nicola,
Yes, I'm happy to wait a little longer for an answer. Would a week be enough?
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you butI need some further information first.
Is your eldest still at University and how much were the arrears at the time of the CSA intervention?
Clare
Customer: replied 2 years ago.
Hi Clare,
Sorry I missed your message, I'm abroad at the moment and wifi is patchy.
My eldest daughter started university in September of 2012. At that point my ex husband stopped paying maintenance for her to me without applying for an alteration to the court order which specified maintenance was to be paid to me for her until she finished university. In May of 2014 he then went to the CSA who overturned the order. He has been paying her a sum for living expenses whilst she has been at University, but this is less than she is entitled to and when she is at home with me for approximately 20 weeks of the year he makes no contribution to me for her upkeep. So that's 20 months.
Sara.
Customer: replied 2 years ago.
Relist: I still need help.
Customer: replied 2 years ago.
Relist: No answer yet.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
If your daughter was already at University when he applied to the CSA then the part of the Order that related to your eldest child was not overturned at all - only the amounts relating to the younger child.
Accordingly you can apply to the court to enforce the Order and recover the last 12 months worth of arrears
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
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

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