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Clare, Solicitor
Category: Law
Satisfied Customers: 35044
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was divorced in 1999, we have 2 children who were born in

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I was divorced in 1999, we have 2 children who were born in 1992 & 1994. He never paid maintenance. I reluctantly agreed to this as I wanted to take the children to the Channel Islands to live which he wouldn't agree to unless I agreed to him not paying maintenance. He asked me to keep receipts instead & he would reimburse me, which he only did for approx a year. I still live in Guernsey and my questions are can I put in a back claim for maintenance now? Or is it too late? Would I be able to do this from Guernsey? How successful do you think I would be?
Many thanks.
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 any court order for maintenance made?
Customer: replied 3 years ago.
No there wasn't. We agreed to stay out of the courts. I agreed to what he wanted so I could take the children to Guernsey otherwise he would have stopped me.
Was there any capital settlement within the divorce at all?
Customer: replied 3 years ago.
There was very little equity in the house at that time as we had bought it about a couple of years earlier for £70000 after selling our previous home for £56000 which we had bought for £42000. We cashed in the endowment policy when I signed over the house to him and I received about £2000. He still has that house.
Was there a financial order made and sealed by the court dismissing further claims?
Have you remarried at all?
Customer: replied 3 years ago.
I signed a paper to say I would not claim on pensions etc. Yes I did remarry.
He also said he paid into an insurance policy for the boys instead of maintenance. The boys received £5000 each on their 18th birthdays.
In that case then I am afraid that there is no claim that you can now make in respect of maintenance for the children
Backdate claims cannot be made and your remarriage ruled out any chance of approaching the issue from an alternative direction.
Sorry to give such bad news - please ask if you need further details
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