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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34869
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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Consent order agreed in 2014, with agreed maintenance

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Hi! Consent order agreed in 2014, with agreed maintenance amounts to be increased annually in line with the CPI. However, this has been overlooked and my ex-husband is now saying that, according to the law, he is only responsible for the previous 12 months and not the whole amount since 2014. Is this the case?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Eastbourne, UK
Assistant: Has anything been filed or reported?
Customer: With regards to?
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I don't think so thanks

Thank your for your question

My name is Clare

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

Why has this only just been noticed?

Customer: replied 28 days ago.
Just overlooked
Customer: replied 28 days ago.
Easier to email thanks
Customer: replied 28 days ago.
Not sure I've made this clear - the Maintenance has been paid, it's just the yearly increase which has been overlooked.

That is fine - I am sorry about the site pop ups.

Have you worked out how much he actually owes you?

Customer: replied 28 days ago.
in total he owes £2,644.00, but is only prepared to pay for the last twelve months which equals £1,156.00. Who's responsibility is it to ensure that the increase (if there is one) is paid every year?

It is the responsibility of both of you to check that the payment is correct.

To an extent what your ex is saying is correct - you can only enforce arrears more than 12 months old if the court gives you permission to do so.

Having said that it is quite possible that a court WOULD give you permission - but that would involve you both in further expense.

You can suggest that the remaining arrears are split - he will save £500 and you will save the hassle of the court application

If he will not agree then you can apply using a form D50k

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 28 days ago.
OK, many thanks.

You are most welcome - good luck!