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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2784
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex husband paid maintenance for my 2 children and myself.

Customer Question

My ex husband paid maintenance for my 2 children and myself. I subsequently start living with someone and after some wrangling backwards and forwards the maintenance was agreed to stop for myself (this wasn't done officially on a court order, just verbal between us). I know this probably wasn't wise to agree to but my ex husband was very bullying and threatening court proceedings to stop paying school fees etc.
Since then I have split with the man that I moved in with, we have a house together and as we are not married this will have to be sold and the profits split and obviously he will not have to pay me maintenance.
My question is, can I go back to my ex husband and request maintenance payments be restarted for me? His income and substantially increased in the 13 yrs since we separated, he earns approx £350k (or more).
Regards
Tracy
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
I did own my own business, and working up until a year ago, but I have now sold the business, so am currently unemployed.
Expert:  Harris replied 2 months ago.

Hi, thank you for your question. Please confirm:

-Was there a court approved financial settlement as part of the divorce - if so can you attach a copy of the order using the paperclip icon as it is necessary to consider this.

-How old are the children and what are the arrangements for them?

Customer: replied 2 months ago.
there was a court order, (it was a full and final settlement, with maintenance payments for both myself and the children) but unfortunately I cannot scan a copy to you. I only have a hard copy and no scanner.The children are now 18 and 19, payment of £1250 per month until end of university education. These payments have never increased over the years, again because my ex husband is very bullying.
Expert:  Harris replied 2 months ago.

Thanks for confirming. In that case it can be legally enforced by the courts. I would first suggest you write to him to outline that it was not varied and remains in place and to resume payments. If he fails to comply you need to consider applying to court.

You will also need to consider whether the cohabitation with your new partner ended your right to the maintenance as part of the court order - which is why it is necessary to consider the exact wording of the document.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 2 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.

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