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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 3956
Experience:  Barrister at law
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Fvb, I would like to know if there is a time limit (years)

Customer Question

fvb
JA: What steps have been taken? Have any papers been filed in family court?
Customer: I would like to know if there is a time limit (years) on how long I can leave it before claiming financial expenses (child support and other expense) against my ex wife, (now remarried) . At the moment I have a claim in with the CCMCC for several thousand pounds against my ex wife who left my son and me in 1989 (30 years ago), and although the CCMCC have accepted the claim and my ex wife has responded to my claim, the Court will not tell me if the time gap is too long. And as I have already paid them some money for this I feel that it is unfair to accept money if the claim is too late.
Can you advise me please?
Many thanks. John Dade
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: It is county court money claims centre. I live in Hertfordshire.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: at this point, I only need to know that information, because otherwise it is not worth my continuing if it is considered impractical. although I have all the Court documents and my claim is being defended
Submitted: 13 days ago.
Category: Family Law
Expert:  Nicola-mod replied 13 days ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  plclegal replied 13 days ago.

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm reviewing your question and will revert back to you shortly.

Expert:  plclegal replied 13 days ago.

The time limit for claims is normally 6 years - the time limit issue is raised normally as a defence on the basis of limitation. If the claim is defended, has she raised this defence?

Were these amounts unpaid through the CSA?

Customer: replied 12 days ago.
I regret that I am probably on a hiding to nothing as it is 30 years since she left us, and there was no CSA or any other judgement against her for payment.. she has replied that my claim is totally false and malicious. Well, coming from her that is rich indeed. But it looks as though I have no case. I find it difficult to talk on the telephone as I have Parkinson's. Sorry
Customer: replied 12 days ago.
no calls thankyou.
Expert:  plclegal replied 12 days ago.

That's fine, we can chat through this thread.

The point about limitation, is that is has to be raised as part of the defence.

So if the time issue is not raised, strictly speaking it's not something that she can rely on to defeat the claim.

So it may not be dead in the water.

Customer: replied 12 days ago.
what, if anything can I do about it please?
Expert:  plclegal replied 12 days ago.

Well, has she pleaded limitation in the defence or not?

Expert:  plclegal replied 2 day ago.

Hello - did you receive my reply?

Can I assist you further with your question?

Kind regards,

Peter