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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33534
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have 3 children who live in Finland. The maintenance was

Resolved Question:

I have 3 children who live in Finland. The maintenance was sorted out via the family magistrates court and I received a decision as to the amount to pay and have piad it. The same court has now written back to me stating they made an error and have asked me to pay £40,000 of backdated charges and to change my payments accordingly. What are my rights with respect to this as the family court made the error?

The original decision was issued by HM Courts and tribunals service.

To add further, I paid £800 a month which included some back dated charges all of which according to the original court decision have been paid. The courts letter of last week has said that they made san error in calculating the back dated charges and the monthly maintenance.

The maintenance was set by the finnish court which 3 years ago I disputed but they ignored my dispute. I cannot fight the finnish court decision unless i do so in Finland.

It was then passed to the family court and i reached agreement as written above.

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.
What does the letter actually say?
Clare
Customer: replied 2 years ago.

Hi, letter is attached..

Attachment: 2014-07-21_115006_court_letter.pdf

Expert:  Clare replied 2 years ago.
Hi
How much are you currently paying?
Clare
Customer: replied 2 years ago.

we were paying £800 but this got reduced to £200 at the request of the court as the arrears were paid off. Our circumstances have now changed as my wife has started her university course. We cannot possibly pay £800 plus the arrears they have now reported. We budgeted the degree to start based on the reduction they told us. So in essence now we have a major problem due to the courts mistake.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that whilst the mistake is theirs this does not mean that you do not have to pay.
As you are aware only the Finnish Court can alter the amount you have to pay in total
However you can apply to the court for a hearing so that the amount that you have to pay off the arrears each week can be set at an affordable rate for you - which sadly is the only power that the Uk court has.
I am sorry to give you such bad news - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,

Does the fact the English court made an error have any bearing for the case?

Thanks

Simon

Expert:  Clare replied 2 years ago.
Hi
Unfortunately no it does not make any difference - although it may make the Uk court more sympathetic to your financial plight
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33534
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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