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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
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 had a court order legalised in 2002 for my ex to pay

Customer Question

I had a court order legalised in 2002 for my ex to pay maintenance till my daughters were 18. Also to pay him 15,000 pounds when my youngest was 18 or left full time education out of a house that I took over after divorce into my name and paid mortgage I had to sell the house 5 years ago to pay debts off so no longer have any equity and rent on my own. My financial situation is dire will I still have to pay. Incidentally his salary went up significantly and I did not put claim on his police pension.
Julie
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months ago.

Thank you for contacting us

My name is Clare

I shall do my best to help you but I need some further information first

What would you like to know about your position?

Customer: replied 2 months ago.
Whether I will still need to pay my ex husband this money when my daughter reaches 18
Expert:  Clare replied 2 months ago.

What is the exact wording of the Order regarding this?

Customer: replied 2 months ago.
It says the petitioner me do pay or cause to be paid to the respondent a lump sum of 14,000 pounds this to be paid once my youngest child reaches 18 or on my remarriage the lump sum shall be secured on the former matrimonial home or the proceeds of the sale ie there is no money left as I have had to pay off debts when I sold it.
Expert:  Clare replied 2 months ago.

How much are the arrears of child maintenance?

Customer: replied 2 months ago.
He started off paying 200 per child I have two, he now pays 280 for one. He earns roughly £60,000 a year and when we went to court he said he was taking on his new partners debt.
Expert:  Clare replied 2 months ago.

How old are the children now?

What arrears have the court confirmed

Customer: replied 2 months ago.
They are 21 and 17 I haven't been back to court this was agreed in 2002
Expert:  Clare replied 2 months ago.

Right.

Do you have a total for how much he currently owes you

Customer: replied 2 months ago.
I couldnt be sure he owes me anything I just feel I can't pay him any money as I don't have any
Expert:  Clare replied 2 months ago.

I appreciate that you have no assets - but what income do you have?

Customer: replied 2 months ago.
My outgoings currently outweigh my incoming monies
Expert:  Clare replied 2 months ago.

I am sure - but what is your income (roughly)

Customer: replied 2 months ago.
With benefits and maintenance around 1700 a month my rent is 975
Expert:  Clare replied 2 months ago.

He cannot have what you haven't got.

However he is entitled to the money in accordance with the terms of the order.

You will have to make an offer of an instalments payment in line with your income and outgoings

Sadly there is no way around this - although you can wait until he actually asks before you mention it

Sorry not to give you better news - please ask if you need further details

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