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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34890
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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My ex husband stopped paying maintenance for my son when he

Customer Question

My ex husband stopped paying maintenance for my son when he was 4, saying he couldn't afford it. His circumstances weren't great and although I wasn't happy I didn't pursue him through the court because that would have been very stressful and expensive for me. My son is now 26, and I have learned that my ex husband has received a substantial inheritance. Do I have a case for for asking my ex husband to do the honourable thing and repay me what he owes now his financial situation is stronger - and much better than mine?
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.
What orders were actually made at the time of the divorce and have you since remarried at all?
Customer: replied 3 years ago.

Hi, there was a court order that my ex would pay me a set amount each month, at the time he stopped paying, it was around £75 per month. I cannot remember if it was to rise with inflation and I believe it was to run until Matthew (my son) reached the age of 18, or stopped full time education. In the meantime, I did remarry and divorce, and my son remained with me throughout. There were no provisions for Matthew in my second divorce, my second husband did not adopt him. At the time I divorced for the second time, Matthew had reached the age of 18 but remained living with me.

Customer: replied 3 years ago.

Hi, can I just check you received my reply to your question? Thanks, Wendy

Expert:  Clare replied 3 years ago.
My apologies for the delay - and for the fact that I have only bad news to give you
I am afraid that you have left it to late to enforce the Order and unless your ex is willing to be generous there is nothing that can be done
Once the order ended you could no longer enforce it I am afraid
I am so sorry