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Clare
Clare, Solicitor
Category: Law
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Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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MadamI had a 2007 private arrangement with my australian

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Dear sir/Madam
I had a 2007 private arrangement with my australian ex-wife to pay maintenance at £250 p.m. We have 2 children (17 years and 10 years old both living in Australia). I was paying this maintenance amount every month until she turned back and said I was not paying maitenance.
In 2014 I was taken to the family court in leicestershire and ordered to to pay £10,000 in arrears as £3000 within 7 days of 29 september 2014 and £140 p.m towards the arrears and £260.09 p.m as maintenance = £400.09 p.m.
My wife alleged I had not been paying her maintenance and I had few proofs that I had been paying her monthly. In reality I had been paying her through various means including westernuniom transfers, deposits into my son'd a/c here in the UK and at some point had given her my bank card to use in Australia (she then sent it to her sister here (UK) to make withdrawals without my knowledge). As I couldn't prove these payments the court refused to take them into consideration.
Some of the payments I had made were declared "no mutual intention" and disallowed.
I'm paid £750 p.m and I have a wife,a son (2 yrs) and a daughter in university in the UK and I'm struggling financially.
What are my rights and how can I succesfully persued the courts to be fair?
Thank you.
Msonza Savanhu
Clare
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I assume that the UK court was involved at the request of the Australian CSA?
Clare
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Customer: replied 2 years ago.

yes. it was a reciprocal enforcement Act 1972 hague convention. The court was at the family court in leicester ref:EB/13063953M.
Hi
What income did the Court say you have?
Clare
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Customer: replied 2 years ago.

£750.00 p.m
Hi
Is that the only income of any sort?
Clare
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Customer: replied 2 years ago.

Yes madam.
Hi
What other household income is there?
Clare
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Customer: replied 2 years ago.

no
Hi
Then why did the court order you to pay so much?
Clare
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Customer: replied 2 years ago.

As I said earlier I had approx AU$10,000 outstanding as I did not have any proof that I had been paying maintenance since 2011.
Hi
I understand that.
However the Magistrates Court have the power to work out how much you can afford to pay each month - and it is very unusual for them to make an order that is in excess of 50% of your income - what explanation did they give for this
Clare
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Customer: replied 2 years ago.

They just asked me why I was not paying maintenance. Told them I was. They asked for proof which I didn't have. I had been giving my ex £250 p.m. They asked if i had a credit card and I say yes. They asked how much was on the card. I said £4,000. They went out and came back with the judgement I stated above (that I should pay £3000, from my credit card with 7 days and the balance as £140. p.m. until the arrears are cleared and to continue paying maintence at £260 for both kids).
Hi
How much does your current partner earn and what benefits are claimed
Clare
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Customer: replied 2 years ago.

My ex is recorded as earning AuD$67,915. The paperwork i was sent from CAS australia doesn't mention any benefits issues.
Hi
I meant the partner you are living with and the benefits you and your partner currently receive
Clare
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Customer: replied 2 years ago.

Oh sorry. She earns approx £500. She is on zero hours contract
HI
And Benefit income?
Clare
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Customer: replied 2 years ago.

My wife is on a spouce visa and is not entitled to any benefits. She is not on any type of benefit. She just does a bit of work earning her about £500p.m since january 2015. Before that she was in Madagascar.
Hi
But you are entitled - how much do you receive?
Clare
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Customer: replied 2 years ago.

I don't claim any benefits. I dont think I'm entitled to any banefits. Can you please list all the questions I need to answer so we can move a bit more quickly?

Hi
The UK court has no power to change the Australian Order and alter the amount that you are Ordered to pay.
However they do have the power to set your monthly payment at a level that they believe you can afford - with any shortfall being added to the arrears.
Given the figures you have stated it is hard to understand why the Court thought you could maintain payments at this level
You can apply to the Magistrates court to review your monthly payment reduced - but not the actual sum that is owed and payable.
I am afraid that in fact unless your ex admits to receiving the monies then there is no question of the arrears being remitted.
Please ask if you need further details
Clare
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