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: 33508
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 divorced in 2009, i have a daughter born in 1992, she finished

Resolved Question:

I divorced in 2009, i have a daughter born in 1992, she finished uni in July 2014. The consent order gave the marital home (approx value £250K) to my ex wife (born Oct-1950) and its contents. This properties has been fully paid for with no outstanding mortgage. I received £38K as a down payment on my current property. The estate was split 82%:18% in my ex-wifes favour. I paid my ex-wife 25% of the dividend payout (about £10K PA) of my company for maintenance, she agreed to transfer these shares back to my self on or before 1-Oct-2015. Additionally I agreed to pay my daughters uni fees. Due to me having periods out of work, I still have about £2k to pay. I am liable to periodic payments of 5p PA until 26-March-2026.
My ex who will be 65 in October now says she has been made redundant and now wants to make a maintenance claim from 1-November-2015. I am currently 55 years old and need to top up my pension. I have since remarried, but have no further children.
Is my ex able to claim any further maintenace and if so how much?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
I'm happy to wait a little longer. Thanks
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Nicola, thanks
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Hi Nicola,If you could continue the search that would be very useful. I have been trying to arrange face to face meetings too, this is also taking time, seems folk are on their holidays.Many thanks
Malcolm
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.
Hi Nicola,I am trying to arrange face to face meetings late next week or later. So I'm happy to leave this open for another week at which point we can re-assess.Thanks
Malcolm
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Clare replied 1 year 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 income do you each have?
Clare
Customer: replied 1 year ago.
Hi Claire,I am a freelancer so I have a variable income, this year including dividends is around £50K. I have a mortgage of around £760pcm which runs until 2030, I will be 70. My pension is expected to be about £1100pcm, therefore I do need to try and pay off my mortgage within the next 10 years and also try and top up my pension. I only have work until March 2016.My ex-wife has a pension of £1150pcm and has not mortgage, I have paid it off before we were divorced. She does not want to comply with the consent order by handing back shares in my service company. She say's she needs approx £2000pcm to live.I have since remarried. My current wife does not have paid work, she does however do vulantary work.
Expert:  Clare replied 1 year ago.
HiHas your ex provided you with a list of her income and expenditure?What were you earning at the time the Order was made?Clare
Customer: replied 1 year ago.
Hi Clare,My ex has not disclosed her earning or outgoings, she tends to be very secretive. All I know is that she was entitled to a pension in Oct 2011, but carried on working until October 2014 when she says she was made redundant. She is paid maintenance via shares in my service company and has a 25% holding which she is to hand back in 1-Oct-2015 in accordance with the consent order. She now wants £800pcm from me or to retain her share in my (software) service company until she receives an inheritance at some unknown point in the future. Potentially this could lead to me having to default on my mortgage once I have to rely solely on my own pension.I have attached the mediation output from 2009 which has the details you require, I think you already have a copy of the consent order itself, but if not please let me know.My earnings are actually now lower than in 2009, and were even lower still in 2011. I have also had two short periods out of work but have still tried to maintain payments to my ex and have also been paying my daughters university fees too, although about £2000 is still outstanding. As a result I have little in the way of savings as I have had to start again almost from nothing. What savings I do have, I need in case I am out of work again, at the moment this looks like being March 2016.Please let me know if you need anymore information.Many thanks
Malcolm
Expert:  Clare replied 1 year ago.
Hi
It is clear from the Memorandum that it was anticipated that the Maintenance provision would be reviewed at this stage and the appropriate way forward now is to return to mediation.
Given that your income has decreased rather than increased I woudl expect that a full consideration of her Income and Outgoings will make any eventual Order significantly lower than the figure that she has requested - and a dismissal subject to a oddest Lump sum may be possible
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Clare, this is in line with my understanding. However I do not understand your statement regarding "oddest lump sum", could you explain? Many thanks.
Expert:  Clare replied 1 year ago.
Hi
I am sorry my typing leaves a lot to be desired - the word is modest
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33508
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

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
 
 
 

Related Law Questions