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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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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I divorced over 25 years ago. Ex never paid any child support,

Resolved Question:

I divorced over 25 years ago. Ex never paid any child support, 2 children. they are both adults now but my son has university debts. My ex husband passed away October 2014 but had a substantial pension fund. Do I have any rights against his pension for non payment of maintenance. I had no court agreement but did ask the CSA twice over the years with no reply. Gave up eventually.
Jan
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.
Did he leave a Will?
Had he married again?
Clare
Customer: replied 2 years ago.

Hi,

He left no will and he never remarried. I didnt remarry either.

Expert:  Clare replied 2 years ago.
Hi
So your children are inheriting the estate and the Pension?
Clare
Customer: replied 2 years ago.

Thats the legal bit I need to know.

The pension people have contacted them about the life insurance as he died while still in service but I want to know if I have a claim against his actual pension for non payment of child support. I know they are no longer children but he didnt support them or me in any form. My children have still not been given any confirmation they have a claim on the insurance either. Also his estate is made up of nothing but credit card debts totalling £18,000. Just advice as to who can claim what and form where. Didnt have anything from him in life but maybe now in his death.

Thanks

Expert:  Clare replied 2 years ago.
Hi
Was there ever any court orders regarding maintenance
Clare
Customer: replied 2 years ago.

No. I did state this in first mail.

He was the type of man who if he thought I was about to make a claim he would say he was out of work due to being laid off. usually he just left rather than have to contribute to his children. That was his last claim to me over 22 years go and then he just stopped any contact. I had no address. As the children were so young and I was now exhaughsted with his constant excuses, I just concentrated on the children. I worked, parttime at first and then full time.They had a stable upbringing, were never introuble and did well at school and university. I am not looking for easy momey, just compensation for what I have put into their lives. Something he failed to do. He just walked away and got on with his life.

Sorry for the moan.

Expert:  Clare replied 2 years ago.
Hi
I am sorry so you did.
I am afraid that there is no claim that you can now make on his estate is respect of the fact that he failed to pay Child Maintenance.
However technically since there was never any financial settlement between you you could potentially have a claim on his estate in your own right - although the fact that the majority of the assets no doubt accrued AFTER the divorce makes it unlikely that such a claim will be successful
However as his only children your children are the ones entitled to inherit everything - including the Death in Service Payment so in effect you woudl be suing them.
Your children shoudl ask the Pension Provider for details of the scheme which will set out who is entitled to claim what - and whether or not it is at the discretion of the trustees of the Pension Scheme
I hope that this is of assistance - please ask if you need further details
Clare
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