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Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I lent a large sum of money to my soon-to-be ex son-in-law

Customer Question

I lent a large sum of money to my soon-to-be ex son-in-law and my daughter to help them pay off debts (18,000 pounds) and buy a car each (6,000 pounds) in 2007.
The couple are now getting divorced and my son-in-law is wriggling this way and that to get out of paying me the money he owes me (12,00 pounds), which is part of the divorce agreement.
He is claiming that he made over-payments of child maintenance to my daughter over the years and that he intended these payments to be used to pay off debts, although he can provide no evidence of this arrangement.
Should the matter come to court, am I allowed to use the email between him and my daughter, where he states that the over-payments were just that, but should the matter come to court, he admits he will lie and say that the over-payments were to pay off debts?
Many thanks for your help, ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWas the financial agreement set out in a Court Order and sealed by the Family Court within the Divorce proceedings?Clare
Customer: replied 1 year ago.
The divorce is still in the process of being set up and the agreement between the couple is only between them at the moment, to be sent to the Court at the right moment.
Expert:  Clare replied 1 year ago.
Is the agreement in writing and what does it say about the amount due to you?
Customer: replied 1 year ago.
The agreement is in writing and it specifies the amount due to me. He also agreed to all the terms by email.
Expert:  Clare replied 1 year ago.
That is good news.Given that there is no evidence that the overpayments were to be used to pay debts he will struggle to persuade the court that this wa sth ecase.If he does then yes you can use the email trail to show that this was not the caseI hope that this is of assessment - please ask if you need further detailsClare
Customer: replied 1 year ago.
Many thanks, ***** ***** reassured me greatly! Jane
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well