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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35086
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 been divorced from my son's father for 12 years

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I have been divorced from my son's father for 12 years now. Our son is 15 years old. Following the divorce, I bought a new house for my son and I to live in. I became the resident parent. His father paid me unoffically £450 pcm until last year when our son went to live with his father and step mother in their house. Our son has autism and became continually and increasingly violent and abusive to me over the years until as he reached teen years, I could no longer safely live alone with him. I handed over DLA and child benefis etc to hs father at that time. The monthly contributions stopped as well. At that time, his father stated he did not wish to claim maintenance from mefor our son, so I did not set this up and until now this had not been further discussed.
I am now hoping to get married and sell my house. My son's father nas now stated in an email that he will be entitled to 15% of the sale of my property as he is now the resident parent. He is also now wanting back payment of 15% of my earnings from the date our son went to live there last year.
I understand i should have set this up last year and will take steps to rectify this. However, my question is regarding the property sale and if he is really enetitled to 15% of this?
I would be most grateful for your advice on this please.
I have now received notification via email from him that
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was a Financial Settlement agreed and sealed by the court at the time of the divorce?
Customer: replied 3 years ago.

Yes. The court stated that the settlements was full and final on all capital claims, financial claims and claims in respect of any property whatsoever etc...

Upon the divorce, the final settlement of my house, ourmarital home was made then.

The only further financial agreements since then have been for our son.

I have received the same sum for our son from his father since then to the time our son had to leave living with me last year and his went to live with his father and step mother.

As previously mentioned, when this happened, these payments were no longer needed to co e to me for child maintenance. I was relieved that i was told by him that he did not require maintenance from me. Due to our son's disability, over the years especially when he was young, there were timesi could not work as he was not in school. When I was able to work, it was on a part time basis to meet his needs .

I hope this is the I formation you need.

Thank you

Please do not worry your ex has no claim on your property whatsoever.
Neither can he claim backdated mainatenance.
His only claim is for ongoing child maintenance at the rate of 12% of your GROSS income.
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you