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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
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 oldest daughter leaves college next month and the

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Hello . My oldest daughter leaves college next month and the agreement my ex wife and I came to with no CSA involvement states that her maintenance payments will then stop, there was a clause that states I would pay £0.05 per annum that apparently means that if my ex wife's situation has changed she can then take me to court and get me to continue payments. She has said that she is willing to do this. is there anything I can do to about this ?
Assistant: Where are you located? It matters because laws vary by location.
Customer: She lives in Southampton
Assistant: Has anything been filed or reported?
Customer: im sorry in what respect?
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: i dont think so

My name is Clare

I shall do my best to help you but I need some further information first

What will your daughter do when she leaves college?

What is your ex's financial position - and has she remarried at all?

Customer: replied 10 months ago.
Hi Claire. My Daughter is planning to go travelling but until that time she will get a job to get some extra money.
My ex wife has had some back issues recently and is currently off work, she does now get a full motability allowance and a few other benefits as well as far as I am aware. She hasn't re married either.

When was the Order made and has your income increased since then?

Customer: replied 10 months ago.
The order was made in 2013. My last P60 shows approximate increase of about £10000, the trouble is I now live in London and my outgoings for rent etc are considerably higher than they were back then when I lived in Southampton, myself and my partner are also just about to move to a slightly bigger flat as we are in the process of becoming foster carers so the rent is increasing again but we need a bigger place so my kids can still come and stay, so it's all a bit tricky for me right now.

What was the capital settlement in 2013

Customer: replied 10 months ago.
There was no capital settlement. The ex and the kids stay in the house and I pay maintenance every month. We didn’t really have any savings etc to split up.

Is the house rented?

If not who owns it?

Customer: replied 10 months ago.
Hi Claire this is not really working for me, is there no way you can ask a few more questions in one go I can answer them I can leave feedback and then we are done?
What I need to know is if my ex wife takes me to court or I mediate with a solicitor what are the chances of me being able to stop my payments as agreed maybe pay slightly less or carry on as it has always been?
The house is not rented it is on a mortgage that we are both responsible for but since the divorce the house is no longer anything to do with me until it's sold when my second daughter is 18 in 2 years time when I am due 35% of the value after the mortgage has been paid.
Obviously I understand if yo u cant just answer this if that's the case please just say and we can call it a day where it is. Many thanks Nathan

I am sorry - I was confused when you said that there was no Capital Settlement.

In fact there was one and the capital split was 65/35.

On that basis it is unlikely that the court would in fact reinstate the spouse maintenance and recent case law suggests that it is in fact much more likely that the ongoing liability will be dismissed in full

This shows that the concept of "keeping spouse maintenance open" is finally dying a death

Just for completeness if your daughter is no longer in Secondary education then you no longer have to pay child maintenance

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.
Hi Claire many thanks for this that's really useful to know. One last one thing then I'll leave you alone I promise. My Ex wife is going for this as at the moment she is off work from having a severe back issue which to be fair she had when we were together but has got progressively worse, she is expecting to be let go by the school she works for as she has been on statutory pay now for quite a long time. In the meantime though she has qualified for the full motability allowance amongst other benefits due to her back issue. This is why she is claiming that I need to continue to support her even though the mortgage is now less per month due to interest rates and along with these additional benefits I don't believe she will be in a unable to continue living in the house. Also our daughter will have to pay rent while she is there, In fairness I want to do the right thing and if I still have to pay some money then so be it but I just need to get a feel for the situation in case we cant come to an arrangement and she does end up taking me to court. The reason I am hesitant is due to past experience when we were going through mediation there didn't appear to be much taken into account from the man's side regarding my financial circumstances etc. I hope that makes sense...... Thank you

This is a difficult one as that is the kind of scenario that, once upon a time, the nominal maintenance order was designed for.

However that was many years ago when women were more routinely reliant on men for their income were there were fewer benefit options for women and in more recent years it has become more of a protection for the children while they are still at school.

Keeping this last point in mind as a starting point you can say that you are willing to review the position provided there is financial disclosure.

You can use the CMS calculator to work out what you will be paying for the one child.

Ask her for details of her benefits and outgoings.

You can then get the feel for the sitiation that you are seeking and act accordingly

Clare and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks Claire that's very helpful. I appreciate your time on this.