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Ask Clare Your Own Question
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 is taking me to court for £11000

Customer Question

Hi
My ex husband is taking me to court for £11000 for non payment of child support between January 2009 and June 2010. Since then I have paid csa payments. Csa only became involved in July 2010. I didn't have contact with my ex during this time due to domestic violence. My daughter came back to live with me earlier this year following him assaulting her. He had to pay me £5000 as he claimed csa when she was working. He now has to pay me through cma and has decided to claim the year I didn't pay before csa were involved. I earn £40000 a year and he earns £180000. Does he have a case?
Kind regards Victoria
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWas there ever a Court Order relating to Child Maintenance and what sort of application has your ex made?
Customer: replied 1 year ago.
HiOnly a court order to pay maintenance to myself which was paid between 2006 and 2008. My daughter then went to live with him and so payments were stopped. He has applied through the county court bulk centre money claims
Expert:  Clare replied 1 year ago.
Then your defence is simple - there was no contract for the payment of monies and your ex has no claim against youSo no he does not have a case and will not be forced to pay I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Can the judge not insist that I pay prior to csa involvement?
Customer: replied 1 year ago.
Also csa was involved in 2008 but only to confirm the court order. They then confirmed case closed in December 2008 when she moved to her dad's. Does this make a difference if they were involved with me being the PWC?
Expert:  Clare replied 1 year ago.
No - he could and should have applied to the CSA as soon as the child moved to live with him
Customer: replied 1 year ago.
OK thanks. He currently owes me £5000 in arrears for child maintenance through cma. Can I counter-claim to make this a court order?
Expert:  Clare replied 1 year ago.
No because that is for the CSA/CMS to enforce -
Customer: replied 1 year ago.
Thank you. Is it worth counter claiming for financial compensation for when I overpaid when he fraudulently claimed csa?
Expert:  Clare replied 1 year ago.
No because there is no legal basis on which you can make a claim
Customer: replied 1 year ago.
Not even for interest on loan payments to pay it?
Expert:  Clare replied 1 year ago.
No I am afraid notThere is no legal basis for such a claim - any more than there is a basis for his claim
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi clare. I have now recieved the directions questionnaire and I am a bit confused. It states I have to try and settle outside of court but I can't as I have been issued a pin notice for sending 1 letter and a text in response to his letter. Also i was subject to dv which were the grounds of the divorce and i cant face being in a room with him. Can I refuse to go to mediation on the basis of the violence and controlling behaviour I went through with him? I can't afford a solicitor and therefore need to do this myself
Expert:  Clare replied 1 year ago.
Yes you can refuse mediation on that ground
Customer: replied 1 year ago.
Does it still go to court if there is no case. Can a judge decide on paperwork rather than a hearing? What are pre action protocols? If I don't have a legal representative is fast track the most appropriate track for this case? Also do i have to have my paperwork served on him or will the court do that?
Customer: replied 1 year ago.
Sorry the other question is. Do I have to be at the hearing? Can a representative go in my place so I don't have to see him
Expert:  Clare replied 1 year ago.
You would have to apply to have the matter struck out on the basis that there is no case to answerYou will have to attend the hearing I am afraidIt is for the court to decide the Track - yours is most likely to be the Small Claims Track
Customer: replied 1 year ago.
How do I apply to have it struck out?

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