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Clare, Solicitor
Category: Law
Satisfied Customers: 35077
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need to contest a legal charge, I owned a property since

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I need to contest a legal charge, I owned a property since 1978 and in 1992 took a joint mortgage with my husband, he purchased nothing for the new home. We separated and divorced and he retained his pension rights, endowment policies to a value of 12k were signed over to my ex husband and I paid a lump sum payment of 5K from an inheritance form my then recently deceased mothers estate. There was a legal charge that he would receive 5.77% of the properties value at the time my youngest of 2 sons attained the age of 18 or left secondary education, my death or co habitation. My youngest has left education although unemployed currently and I have in the last year my partner has moved in. My ex husband is now seeking payment of the charge. I have contested this as within a month of the agreement in 2004 all maintenance for my sons ceased and to this day there has been no financial or physical support in their upbringing. The solicitor says this bears no relevance to my ex husbands claim, even though there is mention of the CSA arrangement for child support in the agreement. Where do I stand I have no means to obtain legal support
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
May I ask why you did not apply to the CSA for maintenance?
Customer: replied 4 years ago.

I did apply through the CSA and had endless conversations with them but never got anywhere, other than letters with them assessing his payments at nil

So the CSA assessment was Nil?
Customer: replied 4 years ago.

Yes despite me suggesting his lifestyle was not commensurate with someone who had no apparent income. I believe he was as one point Self employed and this appears to have been the point the CSA give up

I am so very very sorry but sadly the fact that he opted out of his child maintenance liability does not mean that you can change the position with regard to the Legal Charge and he is still entitled to it - there is no way of appealing it
I wish this was not the case - but sadly it is the law as it stands
Please ask if you need further details
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.

So as I understand even with the provision in the agreement that child support would be through the CSA and if I had been aware that within a month my ex husband would resign from his job in order that he could avoid paying maintenance for his children there is no way I would have agreed to the charge. He owes thousands in child support and has basically made money out of me and will now put me and more importantly his 2 sons on the street after years of struggling to feed, clothe and keep a roof over their heads?

I am sorry but the issue of Chixld Support is a separate one so far as the Court is concerned.
I agree that this is neither right nor fair, but it is the law as it stands - and your solicitor at the time should have warned you about this