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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I want to sue my ex-husband payment of maintenance

Customer Question

I want to sue my ex-husband for non payment of maintenance even though now my children are adults. He has been in and out of my children's lives sporadically throughout their lives.
At the time of my petition for divorce in 1997 he stated to the courts that he would pay £100.00 per week to support our five children - this did not happen.
In 2000 he agreed with the csa to pay £200.00 a month - he stopped after two months disappearing again.
In 2013 I was informed that he wanted to remarry as our divorce had not been made absolute. After speaking to a solicitor I was informed that as my children were now fully grown I couldn't make a claim. Based upon this information I signed the forms for the absolute.
I have since learnt that I could have made a claim including against his personal pension.
Please can you advise me whether I can make a claim and if so under what process?
I look forward to hearing from you
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
Did the CSA actually make an assessment?
What is his current financial position - and what is yours?
Have you remarried at all?
Clare
Customer: replied 1 year ago.

Hi Clare

no - when the CSA contacted my then husband he made a voluntary offer of £200.00 which he paid to me directly. The CSA then stepped out. Within two months the payment once again stopped.

My now ex-husband is a store Manager for Tesco's

(might even be a area Manager now).

My now ex-husband remarried April 2012 - he does not have have more children (had a vasectomy in 1991). He owns his house. He goes to Jamaica two to three times a year with his new wife to visit her family

I am not remarried. I run a Limited company so I work as a counsellor of children in schools. My wages are £700.00 per month and depending on successful trading I can get dividends (usually around £500.00 per month. Six months ago I activated my right to buy after being a tenant for over 25 years and successfully got a mortgage to purchase my home.

I hope this helps you

Kind regards

Expert:  Clare replied 1 year ago.
Hi
What happened to the Matrimonial Home when you separated?
Clare
Customer: replied 1 year ago.

He walked out of a leased business premises closing the butcher business. I was homeless with my five children for a year and in temporary accommodation. The council housed me.

The lease was sold as a closed unit I believe with I believe £15,000 returned of which I received £7,000.00. That was back in 1988.

He didn't pay for the children (or see them) for a few years returning back on the scene once I had got back on my feet. Made apologies and promises (foolishly I believed him - pregnant again with my youngest child. Once he learned of this he disappeared again.

Still never paid maintenance.

Years later when I went back to college got my confidence back I filed for divorce. Once again he made promises in the divorce paper response when ask what arrangement had been made to support the children - he stated he would voluntary pay £100.00 per week.

This stopped after receiving the decree nisa. He informed me that the absolute was automatic after six weeks and with that he disappeared again paying no maintenance.

Years later after talking to a colleague she pointed out that it wasn't me that was suffering but my children - I then contacted the CSA who found him. After threats and abuse to me he agreed to pay £200.00 a month (voluntary - not through the CSA) again this stopped after a few months.

No contact again until 2012 when I found out I was still married to him.

I look forward to your response

Expert:  Clare replied 1 year ago.
Hi
You can no longer make a claim in respect of unpaid Child Maintenance as no order was ever made.
HOWEVER you can still make a financial claim against your ex since YOU have not remarried and no financial Order was made at the time of the divorce.
I suggest that you arrange a Mediation Information and Assessment appointment with a Family mediator as soon as possible.
You shoudl then write to your ex pointing out that your financial claims remain in place and that you wish to deal with them - either using Mediation - or if that fails via the courts.
With out knowing what his financial position is it is impossible to guess the eventual outcome - but it is likely to be a lump sum of some sort at the very least
Please ask if you need further details
Clare

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