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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi. I have a court order which states my ex should get 20%

Customer Question

Hi. I have a court order which states my ex should get 20% of my properties equity and he had to give me £250 per month for maintanance for our two children whom I had custody of. This was 7 years ago. After 18 months he stopped the child maintanance payments .After a year of not receiving maintanance for our children I had a solicitors letter sent to him stating he owed £3000 and no reply aswell as no payments were made to me. Now that I am selling my property he still wants 20% . Is this right seeing as he broke the order.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
May I ask why you did not take action to enforce the maintenance?
What is the total of the arrears now?
Customer: replied 3 years ago.

My solicitor was informed at the time and sent a letter asking for the £3000 that was in arrears at the time . My children are older now and working. Up until they started working it wouls have been 51/2 years with no payments . £16500.

My question is seeing as he never payed me this money is he still entitled to 20% of my property equity .

Expert:  Clare replied 3 years ago.
The two matters are technically separate - the fact that he did not pay the maintenance does NOT mean that he is automatically cannot claim his share of the equity.
HOWEVER you can apply to the court to enforce the maintenance.
You will need the permission of the court to enforce arrears that are more than 12 months old so you need to make an immediate application to the court for permission to enforce the order by way of a deduction from the lump sum dues on the sale of the property
I appreciate that this is not the news that you want - please ask if you need further details
Customer: replied 3 years ago.
would interest incur on the non payment of maintainance?
If not then seems the ahole has won again . Left me with nothing , house was in negetive equity when he left .
Expert:  Clare replied 3 years ago.
There would not be any interest as you could have enforced the order immediately if you had wished to - but in this case I would expect permission to enforce the old arrears to be granted