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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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Madam. When I separated from my ex back in 2003 we

Customer Question

Dear Sir/Madam.
When I separated from my ex back in 2003 we made a friendly arrangement for maintenance money. A total of £225.00 per month which was the same amount until August 2010 when he stopped paying maintenance money to my son.
My ex had not been able to maintain a job as he is an alcoholic that has rejected any possible help available to him.
Currently he lives at his mother home that would be sold once she died and if changes had not been made to the will he will received a 45% of the property price and this money is to be administrated by his Sister whom would get the 55% and whom is very happily lending money to his brother, money that will be deducted from his 45% of his share once the house is sold.
I would like to know if
Would I be able legally to obtain any back dated payment from 2010.
Would I be able to arrange a lump sum for child maintenance enough to cover my son expenses until he reaches the majority of age?.
Could the £225.00 be increased?.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Were you married to your ex?
Customer: replied 2 years ago.

Hi Clare

Yes, I married in Venezuela and he brought me to this country in 1998. I separated in 2003, I obtained the divorced some years after.

Many thanks


Expert:  Clare replied 2 years ago.
For clarity - doe she have any assets or income at all?
Customer: replied 2 years ago.

The sister?.

Married. A home worth over a million. Work a few hours a week as a teacher, her husband earns a six figure salary.



Expert:  Clare replied 2 years ago.
My apologies for the typographical error
It shoudl have read
Does HE have any assets of income?
Customer: replied 2 years ago.

Not at present.

He does not claim any income support either. His expenses are paid by the family.


Expert:  Clare replied 2 years ago.
I am afraid that if he has no income the only Child Maintenance he has to pay is the minimum of £7 a week - and it cannot be back dated to a date prior to your making an applictaion to the CMS
I am sorry - I appreciate that this is not good news but sadly there are no other options available
Please ask if you need further details