How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33514
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I need to contest a legal charge, I owned a property since

Resolved Question:

I need to contest a legal charge, I owned a property since 1978 and in 1992 took a joint mortgage with my husband, he purchased nothing for the new home. We separated and divorced and he retained his pension rights, endowment policies to a value of 12k were signed over to my ex husband and I paid a lump sum payment of 5K from an inheritance form my then recently deceased mothers estate. There was a legal charge that he would receive 5.77% of the properties value at the time my youngest of 2 sons attained the age of 18 or left secondary education, my death or co habitation. My youngest has left education although unemployed currently and I have in the last year my partner has moved in. My ex husband is now seeking payment of the charge. I have contested this as within a month of the agreement in 2004 all maintenance for my sons ceased and to this day there has been no financial or physical support in their upbringing. The solicitor says this bears no relevance to my ex husbands claim, even though there is mention of the CSA arrangement for child support in the agreement. Where do I stand I have no means to obtain legal support
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
May I ask why you did not apply to the CSA for maintenance?
Clare
Customer: replied 2 years ago.

I did apply through the CSA and had endless conversations with them but never got anywhere, other than letters with them assessing his payments at nil

Expert:  Clare replied 2 years ago.
HI
So the CSA assessment was Nil?
Clare
Customer: replied 2 years ago.


Yes despite me suggesting his lifestyle was not commensurate with someone who had no apparent income. I believe he was as one point Self employed and this appears to have been the point the CSA give up

Expert:  Clare replied 2 years ago.
Hi
I am so very very sorry but sadly the fact that he opted out of his child maintenance liability does not mean that you can change the position with regard to the Legal Charge and he is still entitled to it - there is no way of appealing it
I wish this was not the case - but sadly it is the law as it stands
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33514
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.


So as I understand even with the provision in the agreement that child support would be through the CSA and if I had been aware that within a month my ex husband would resign from his job in order that he could avoid paying maintenance for his children there is no way I would have agreed to the charge. He owes thousands in child support and has basically made money out of me and will now put me and more importantly his 2 sons on the street after years of struggling to feed, clothe and keep a roof over their heads?

Expert:  Clare replied 2 years ago.
Hi
I am sorry but the issue of Chixld Support is a separate one so far as the Court is concerned.
I agree that this is neither right nor fair, but it is the law as it stands - and your solicitor at the time should have warned you about this
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice