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 ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

I am divorced from my husband and have three children

Resolved Question:

I am divorced from my husband and have three children for whom he has been paying maintenance. He has recently voluntarily given up is job as a teacher and received a 'Voluntary early release' payment of between £45,000 and £50,000 - he won't tell me how much. He intends to live off this money for the foreseeable future while he travels around Europe and has used the fact that he now has no job to slash the maintenance payments for the children. Do I have any claim on his payout for my children?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist you.
Please can I ask - is your husband currently paying child maintenance through the CMS, court order or voluntary agreement?
Kind Regards
Caroline
Customer: replied 1 year ago.
By voluntary agreement based on the terms of a divorce settlement
Expert:  ukfamilysolicitor replied 1 year ago.
Was the amount to be paid included in the order and sealed by the court? If so what was the terms?
Kind Regards
Caroline
Customer: replied 1 year ago.
It states on my divorce papers that my exhusband will pay 25% of his earnings for three children up until 18.
My divorce was dealt with by a family lawyer. We did not go to court but obviously it was ratified by a court.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this.
Thank you for confirming that the order was sealed by the court - this means that your ex is paying under a court order and not a voluntary arrangement.
If your ex stops paying the maintenance as per the court order - You should seek to enforce the court order and the monies outstanding. There are various ways to enforce the order that you have. The link below discusses some of the options -as your ex clearly has the money - you should consider the link for applying for a Judgment Summons.
http://www.compactlaw.co.uk/free-legal-information/relationships-family-law/enforcing-maintenance-orders.html
Kind Regards
Caroline
Positive feedback is gratefully received. Happy to discuss further.
Customer: replied 1 year ago.

so am I right in assuming that even though he is not working at the moment, this 'redundancy payment' can be regarded as income and therefore my children are entitled to 25% in lieu of the maintenance he was paying before?

I have looked at my divorce papers and each page has been stamped with a dated court stamp. Does this mean it has been sealed?

Thank you

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
As it stands at the moment the court order is still in place whether or not he was working or not. If your ex wanted to vary the order then he should apply to do so but he hasn't.
You can therefore seek to enforce the current terms of the order.
Does this clarify?
Kind Regards
Caroline
Customer: replied 1 year ago.
But if he is not working, he has no monthly income to pay out which is why I am asking if I have a claim to the lump sum redundancy payout
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
You already have a court order in place in respect of the monthly payments.
Unless your ex seeks to vary the order then that order is in force irrespective of what your ex's income position is.
If either of you sought to vary the maintenance order the court may decide to increase, decrease or keep the same. From your question - you are not seeking to vary the court order but are asking the court to make him honour what he should be paying. This is why you need to enforce the order. You are unlikely to succeed if you are considering whether the court can pay the child maintenance as a lump sum from the redundancy payment. Your payments should continue monthly unless you separate.
As stated - you have a sealed court order and you really should enforce this.
If your looking for a lump sum in addition to enforcing the maintenance then you could consider a Schedule 1 children act claim. This is a claim for the benefit of the child sum as a past or future expense such as a family car or school fees.
Kind Regards
Caroline
Please kindly remember to rate positively
Customer: replied 1 year ago.
I see but the court order doesn't state a monetary figure of payment. Just 25% of his net income which he is saying is 0 at the moment which is why I am asking about the lump sum.
Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
OK! that makes sense!
I am sorry I missed that.
In that case I would say you need to consider the following:
1) seek to amend the court order. This will involve an application to the court. The court could vary to a monthly amount. The court could however choose to reduce his liability.
or
2) make an application to transfer to the Child Maintenance Service. It is my understanding that they don't include statutory redundancy pay as income but they do include contractual redundancy - which you have stated that he is getting.
With either monthly order - if he moves abroad - check REMO countries - countries that have a reciprocal arrangement to enforce child maintenance. If he doesn't pay whilst living abroad you can seek to enforce through your magistrates courts.
https://www.gov.uk/government/publications/countries-where-you-can-enforce-child-maintenance-decisions
You could also consider the Schedule 1 Children Act as mentioned above.
I hope this helps.
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor 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