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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband separated from my children and I years

Customer Question

My husband separated from my children and I for some years and later divorced me. He got married to another woman, an old mate. Yet, I had my suspicion that he had used me [as a british born] to get a UK stay to carry out this infidelity. More so, since his married brother [from abroad-Africa] wrote him [my husband] that he should help him to look for a british woman whom he can marry to become a British.
However, what has been done has been done now. My question is: Can I claim 'alimony' from him?
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist.
Please may I ask:
- when you divorced was an order made in respect of the matrimonial finances?
- when did you divorce?
- do you know what his income is?
- how old are your children?
- is your ex living in England / Wales ?
Kind regards
Caroline
Customer: replied 10 months ago.
Hello Caroline- No, order was not made in respect of the matrimonial finances as he left for over 5 year after he filed the divorce
- He divorced me 4 years ago, September 2012
- I only know that he's a train driver with TFL, I do not know precisely how much he earns
- At the time he separate from us, the children are between 4 and 10 years, I have got 2 children for him.
- He lives in EnglandI am very sorry to respond late. I had to attend to some other things.Gloria.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for clarifying that for me.
Please may I ask:
- how old are your children now?
- how long were you married for?
- have you remarried?
Kind regards
Caroline
Customer: replied 10 months ago.
HelloI do not really like to talk much, please bear with me.- One is 19 and the other is 14 years old now
- We were married for almost 12 years. Although we were separated some year after I married to him, 2 years apart when I relocated to live in UK, then he joined me later
-I have no intention to remarry yet, so I am not marriedGloria.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for your response.
Please may I ask - is your 19 year old still a student or working?
If a student - is it a university course?
Kind Regards
Caroline
Customer: replied 10 months ago.
HelloThe 19 year old is working now, although he is paying to have a private course done.Gloria.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for clarifying that for me.
You can definitely claim child maintenance for your 14 year old.
Child maintenance is payable until a child reaches 18 but can extend to 20 if they are still in full time education as long as this is not a university course. If your son is not in full time education then you wont be able to claim for him.
You can contact the Child Maintenance Service on this link to make a claim.
http://www.cmoptions.org/
The claims only start from when you submit a claim - so you wont be able to back date a claim.
In respect of yourself - it is still technically possible for your to make a claim for spousal maintenance as part of a claim in respect of the matrimonial finances.
This is possible because you have not remarried and no order was made in respect of the matrimonial finances when you separated.
Although this is technically possible for you - it is likely to be limited unless your needs are high and he is of good means. Your ex will likely argue that you should have no claim in respect of spousal maintenance on the basis of your long separation. If you want to pursue such a claim then the first step would be to make a referral to a family mediation service. Disclosure will have to take place by your husband in respect of his assets and means. Mediation will help you through this process. There are lots of family mediation services and there will be one local to you.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 10 months ago.
Thank you for the information.My older child's maintenance stopped at the age of 16 years old, and all maintenance that was paid to me afterward was recovered from me. The DWP said the child was not entitled to it, even though the child was just left secondary school, and started attending college. The recovery continues to be deducted from the amount of maintenance paid to my 14 years old.So, 19 year old withdrew from college and sought for work. I had put this forward to the maintenance support office I applied with but they asked me to direct my inquiry to the DWP Office. But the DWP is the last office I want to deal with, so I gave up.However, do you know how I can apply for the spousal maintenance? Do I need to go to family law court?Thank you Caroline.I will do the rating thing before I log out of this page.Gloria.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Gloria
My apologies for my delay in responding to you.
I had originally read from your question that you wasn't getting any maintenance at all - I am sorry for misconstruing that.
I am a little bit confused as it's the Child Maintenance Service (new name for CSA) that deals with Child Maintenance and not the DWP - are you sure the DWP are recouping maintenance and not maybe tax credits.
My previous answer should have also read 16 but 20 of in full time education. If your son was still studying at 16 his payments should have continued as realistically he's not going to be able to start a university course until at least 18.
In relation to a financial claim- yes if matters can't be agreed at mediation - then you would have to apply to your local family court. This is started on a Form A. If you can get disclosure first then this will help to decide whether it's worth pursuing.
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 10 months ago.
Please kindly remember to rate positively (by clicking a smiley face) so that we receive credit for our work.

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