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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34458
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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After divorce Court Order made in 1990 several conditions

Resolved Question:

After divorce Court Order made in 1990 several conditions made main bone of contention is:
* ex husband ordered to pay £250 per month for his 2 children ...... until youngest child reaches 18 or leaves further education.
* ex husband entitled to 20% of net equity after sale of what was family home.
Ex husband failed to pay maintenance for his 2 sons despite efforts by me to trace him and appeals to court. Ex husband in Australia with new life and family.
I now want to sell property. Have differing advice from 2 solicitors from same company. * One says go to court and explain situation and no reason why Judge doesn't transfer my ex's 20% share in property to me.
* Other states only one years unpaid maintenance can be considered as I obviously didn't need the money. That is not the case, I had to extend the mortgage term and also got into mortgage arrears. Their advice is I either try and buy him out, or agree to his terms of transferring the 20% to his sons.
Regards
Ms Teri McInally
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

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

How much did the arrears come to and how much is the 20% share worth?

Customer: replied 1 month ago.
Hi
Thanks for getting back to me.
At the moment I am in Accrington and not back home where my paperwork is until Thursday.
In 2014 20% of the net equity was £26,640, I don't remember what arrears were accrued over the period my ex failed to pay maintenance.There are also Legal Aid charges on the property.RegardsMs Teri McInally
Expert:  Clare replied 29 days ago.

The problem is that both solicitors are right,

Technically you can only enforce 12 months of arrears unless yo obtain the permission of the court to enforce more.

In your case you clearly did everything you could - and your ex failed to pay deliberately

I believe that if you apply to the court to vary the order then you have an excellent chance of being given "credit" for the arrears and the Order varied accordingly

You will need to ensure that you have all the figures clear and a time line of the efforts you have taken to enforce in the past

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 21 days ago.
Thank you for your reply to my question. Sorry for delay, I have been preparing to go into hospital but had my operaton cancelled at last minute. Very frustrating and upsetting.I wondered if you would be able to answer the following questions for me:
* What do I do to take my case to court?
* Is it the court that made the order?
* How much will this cost?RegardsMs Teri McInally