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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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 has lied in front of a magistrate about maintenance

Resolved Question:

My ex has lied in front of a magistrate about maintenance payments. I'm not diputing the amount which is £ 5,300 but the fact that I had to pay it at all.
Our decree absolute stated that I had to pay £ 150 pw until my son reached the age of 18 or ceased full time secondary education, whichever came first.
He started a carpentry course at college attending 3 days a week in September 20 last year but stopped attending in March this year and was working in a restaurant being trained up as a chef so I stopped paying the maintenance.
My son stopped contact with me at this time so I was unable to get any information from him and my ex insisted he was still attending college.
I know for a fact that he was not attending as my new partner teaches at the same college and has access to his attendance records but can not formally give me that information due to data protection.I have formally requested this information from the college but they say they can not part with this information unless they get permission from my son as he is now 18, although I was asking long before he turned 18.
Is there anything I can do
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
If he only stopped attending college last September how did the arrears get so high?
Clare
Customer: replied 2 years ago.

I did say he started college in Sept LAST year and stopped attending in MARCH THIS year...

Expert:  Clare replied 2 years ago.
Hi
My apologies - a typographical error - I did mean March
Clare
Customer: replied 2 years ago.

My last payment was on the 21st March 2014 and my son was 18 on the 2nd Nov 2014 so that is 32 weeks at £ 150 pw which amounts to £ 4,800....its actually the 1st time i,ve worked it out so she is trying to get more than required but it doesn't change the fact that he was not attending college

Expert:  Clare replied 2 years ago.
Hi
What evidence of his working do you have?
Clare
Customer: replied 2 years ago.

None, only the word of one of my other sons. There is. however evidence of him not attending college if I were allowed access to his attendance records.

Expert:  Clare replied 2 years ago.
Hi
Would your son be willing to give evidence?
Clare
Customer: replied 2 years ago.

I wouldn't ask him to, it would jeopardise our relationship

Expert:  Clare replied 2 years ago.
Hi
When is the next hearing?
Clare
Customer: replied 2 years ago.

There isn't, I received a letter from the courts saying the money had to be paid immediately but I dont have that amount of money.

Expert:  Clare replied 2 years ago.
Hi
Has there actually been a hearing?
is it the Magistrates Court that has written?
Clare
Customer: replied 2 years ago.

yes to both

Expert:  Clare replied 2 years ago.
Hi
Right
What exactly happened at the hearing?
Clare
Customer: replied 2 years ago.

My ex said that he was attending college the whole time apart from when he had a couple of weeks off because of a car accident ,in which, he was not even scratched.She produced a letter from the college saying he was enrolled there but no evidence of his attendance.

I was told by letter to arrive early for the hearing so I could put my case forward before the hearing. This never happened but when called into the hearing my ex came out of an interview room, so it would appear that she had her time before hand.

Because I had nothing to prove that he was not attending due to the college being obstructive the magistrate took her word for it.

Expert:  Clare replied 2 years ago.
Hi
Sorry - what makes you think the fact that she was in a separate room means she saw the Magistrates without you?
Clare
Customer: replied 2 years ago.

Why would she be waiting in an interview room

Expert:  Clare replied 2 years ago.
Hi
Because she told the usher that she did not wish to see you until the actual hearing.
This is not uncommon - there is no possibility that she saw the Magistrates without you.
Did you both actually give evidence - on oath?
Clare
Customer: replied 2 years ago.

nothing on oath....it was really just her saying that I had not paid anything since March and as I had nothing to back me up it was just my word against hers

Expert:  Clare replied 2 years ago.
Hi
Ok
Has she accepted that he ha s now left College?
Clare
Customer: replied 2 years ago.

He's now 18 so it makes no difference

Expert:  Clare replied 2 years ago.
Hi
I am afraid that is not the case - if he was still in Secondary education you would still be liable so you do need to enquire whether or not she accepts that the child has left college.
Since you did not challenge your ex at the time you are going to have to go back to court in order to do so.
You need to apply for the dismissal of the Order and the remission of the arrears.
At the hearing you need to ask for a direction that your ex produces written evidence that your son was still attending college until June 2015.
If you are challenged to produce evidence that he was not you can point out that the Data Protection law means that you cannot do so.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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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