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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33804
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 partner has been paying maintenance and child support

Customer Question

Hi my partner has been paying maintenance and child support for the last 8 yrs and is due to end 3rd Aug 2016. He pays £1300 a month. We are in debt up to our eye balls because of this. We have now received a letter from her solicitor saying she is intending to extend this payment until the youngest is 21 ( he will be 18 on the 3rd Aug 2016) The order was signed by both her, my partner and the courts. So how can she now turn round and claim for further money?
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
She can't. The key is what the original order says about when it concludes. Even if she decides to take your partner to court for this he can then make an application to the court either to stop the payments or vary them in light of the change of circumstances (your financial difficulties). I hope that this helps. Please rate positive.
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I shall do my best to assist youI am afraid that my colleague is not necessarily correct.His ex can apply to the court to extend the period of Spouse Maintenance unless there is a clause in the Order excluding this right.She ca also apply to the court to extend the time when Child maintenance ends - BUT This can be circumvented by your partner applying for a CSA assessment which will end when the youngest child leaves full time secondary education or attains the age of 20Of course if he is currently paying less under the Order then this may not be a cost effective option -Please ask if you need further details
Customer: replied 1 year ago.
Hi
thank you for the response. He agreed 9 years ago to pay above and beyond what his solicitors advised and has never missed a payment. How would the Spouse maintenance clause be worded? I dont have the paper work to hand as he has taken it to his solicitor but Im sure it said that that spouse maintenance would end as of the 3rd Aug 2016 regardless. He has 2 childern, the oldest is 20 the youngest is Jake who is 17 and will be 18 next Aug the 3rd 2016 - and this is also when he finishes full time secondary education. She is trying to claim for an additional 3 years as he plans to do an apprenticeship. He works weekends now. My OH also spends 250 a month on food for him as he takes them out once a week for dinner. Gives them money when they go away on holiday, and has also brought Jake a run around car to learn to drive in, which i am teaching him FOC (im a driving instructor) . So he goes above and beyond what is needed to support his kids. Our mortgage is still in mine and my ex husbands name as we cant afford to re mortgage due to his maintenance payments and our debts which are all in my name. My pension is frozen as we just dont have the the spare money. Next year was when we could start to get straight again, but there really is no point if she can continue to claim a stupid amount of money. His solicitor has said she is within her rights until the age of 21 which is a mockery of the signed court order 9 years ago. He has to wait now until he knows what his ex wife wants (which will be the whole amount as she is the greeedest person going) then he has to do another statement of affairs. Should be be contacting the CSA in the meantime, bearing in mind they were not used in the first place?Thank you for your time.
Sara
Expert:  Clare replied 1 year ago.
HiAs a starting point change solicitors - it is certainly not inevitable until the child is 21.How much does your partner earn gross per annum?
Customer: replied 1 year ago.
Hi
Thank you for you response. He earns about 4,000 a month - but this isnt guaranteed as it depends on how his business is doing. He gives her 1300 plus 200 for rent of a garage each month. 2000 comes to me for our debts and general living expenses. i have about 70,000 worth of debt that is both of ours accumulated over the 9 years. He then has his own expenses to pay out of the remaining funds left.i have a copy of the General order from the court that was signed 4th Aug 2008, Rather than type it out can i email it to you? Im happy to pay for your services aside from on here if need be.Thanks
Sara
Customer: replied 1 year ago.
ive just seen the add files tab! so will scan it over to you asap. But the last bit still stands about payment.
Customer: replied 1 year ago.
Hello
Ive added the files, hopefully you can access them. Look forward to hearing from you soon. If you need additional payment please let me know.Thanks
Sara
Customer: replied 1 year ago.
Hi
are you able to confirm you have received the files i sent? Sorry i know you are busy, but just want to be able to move forward with this...thank you
Expert:  Clare replied 1 year ago.
No they have not come through yet - would you like to try again
Expert:  Clare replied 1 year ago.
The first four are upside down and I am useless when it comes to manipulating things.
I don't need the third page but do need the others!
Customer: replied 1 year ago.
Hopefully you can see them now... otherwise is there an email address? should be 7 attachments
Customer: replied 1 year ago.
sorry just got your message. will see if i can change the view
Customer: replied 1 year ago.
hello hopefully these are ok... thank you Sara
Expert:  Clare replied 1 year ago.
Excellent thank youWhat is her financial and employment position?
Customer: replied 1 year ago.
hi
she works full time, but i dont know her financial situation. As far as i know, she earns around 1,200 a month at a guess.Thank you
Customer: replied 1 year ago.
sorry meant to add, she has over £130,000 equality in the house. As ***** *****ded this over to her when he left. He took nothing.
Expert:  Clare replied 1 year ago.
Does she have a large mortgage to pay?How much would a two bedroom property in a reasonable area cost to buy?
Customer: replied 1 year ago.
im unsure of her mortgage but it was around £170,000 9yrs ago on a repayment mortgage, and is worth £320,000 upwards now i would think as its a London postcode. (Croyden)...I dont know the prices of houses around there. We have £205,000 on an interest only mort. that is still in mine and ex husbands name as we cant re mortgage due to his payments to her, and the debts. Our house is worth 290,000 so if sold would pay our debts. We are Hampshire so prices vary alot.
Expert:  Clare replied 1 year ago.
It appears from the letter that it is an extension to her Spouse maintenance that is being requestedShe is certainly entitled to apply to the court for this - but that does NOT mean that the Court will agree - and frankly it is hard to see what the justification would be given that it is clear that it was planned that the child maintenance woudl NOT continue beyond secondary schoolThe starting point is for your partner to write back and say that he is prepared to review the matter if he is sent full details of her income and expenditure and details of what the young man will be paid as an Apprentice.Asking for the details does not commit your partner to anything.At the same time you need to do some serious research on housing options in her area so that you can see what options there are - for both the mother and the son separately if need be!I think your partner has an excellent chance of resisting the applicationPlease ask if you need further details
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33804
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
Customer: replied 1 year ago.
thank you for you response. Last question... Why would we need to look at prices for houses for her, ?I know for a fact my partner if she played the card " ok ill sell the house and live somewhere cheaper" wouldnt do it. He would rather bankrupt us than allow that to happen...Thank you again for your help. I've signed up for the monthly fee, but hopefully if you can clarify the question above, i wont need to bug you any more.Take care
sara
Expert:  Clare replied 1 year ago.
It is part of preparing to show that she does not need as much income as she says - just that she choses to have a lavish lifestyle!

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