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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, my husband and I split up last year. He has a personal

Customer Question

Hi, my husband and I split up last year. He has a personal loan in his name and apparently I have signed a piece of paper to say I would pay half once our house was sold (which it has sold) unfortunately I an no longer able to pay half as I have managed to buy a part buy/part rent property as I am no longer able to afford to rent the place I am in now.
He has now said he is going to get a CCJ against me so I ant buy this house and is going to stop his child maintenance and go through the CMA (used to be CSA) which I don't mind it just means I will end up with less money which is what he wants. (we have a daughter 9 yrs old)
I am very stressed its making me very ill at the moment.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you asked to see the piece of paper please?

Customer:

Hi Alex, i have yes but he hasnt produced it yet. I cant remember signing it though.

Alex Watts :

You need to ask for that.

Alex Watts :

Clearly if he does not have it you are not liable and the matter ends.

Alex Watts :

If he does produce the paper then he would be entitled to seek a CCJ on the basis that you promised to pay, which is why it is quite important.

Alex Watts :

But he can't stop maintenance payments and indeed you could go to the CMA and they could enforce it

Alex Watts :

But it all starts with seeing that piece of paper. No paper - no claim

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

I should add if he went to Court for a CCJ, that is the first thing a Judge would ask for, the piece of paper

Customer:

Thank you, XXXXX XXXXX likely happen if it went to court? as I am a single parent on low income. I would have to pay a small amount per month and then I would rather it be put into an account for our daughter to have when shes 18 can I do that?

Alex Watts :

You are likely to have to pay £1 a month if you are on benefits or low income

Alex Watts :

That is assuming you lost

Alex Watts :

Does that help?

Customer:

The only thing Im on is Tax credits, but yes that helps alot thank you.

Alex Watts :

Yes it would be a low monthly payment if you lost

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Alex Watts :

I should add this.

Alex Watts :

Your ex wont be able to enforce this at all and indeed he may end up paying to pay you more

Customer:

Hi,

Alex Watts :

Hello

Customer:

Further my messages earlier today he has agreed to pay divorce and loan providing i dont bother him ever again.

Alex Watts :

ok

Alex Watts :

Can I clarify anything else for you about this?

Customer:

But i now need to contact cma as he is saying he has sorted child maintenance with his work

Alex Watts :

Ok.

Customer:

Huch means i will be £140 a month worse. I have a piece of paper which says

Alex Watts :

I don't know sadly as I am not a family law specialist. I can only assist you in relation to your question about the loan and threatening Court proceedings etc

Customer:

He has agreed to pay a certain amount until our daughter is 18 it has been signed,dated and witnessed is this classed a legal document?

Customer:

Ok thanks anyway for your help

Alex Watts :

That is a family law question to which I don't know the answer. I answered this in relation to the Court / loan aspect.

Alex Watts :

Feel free to post a new question asking about this.

Alex Watts :

Can I clarify anything for you about this today?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
with regard to the document you signed there is no chance that he will be able to enforce this against you so please do not worry
The family Court has wide powers to deal with all the financial issues within the Financial side of divorce proceedings and it is more likely that he would be ordered to make you a capital payment than that you would have to pay towards his debt
His child maintenance liability is 12% of his GROSS income at most - and I am afraid that the document that he has signed is not enforceable
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you Clare


 

Expert:  Clare replied 2 years ago.
Hi
You are most welcome
Clare

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