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Clare, Solicitor
Category: Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter agreed a sum her ex husband should contribute to

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My daughter agreed a sum her ex husband should contribute to costs of bringing up their children..aged nine and four at the time ..ten years ago when he left the marital home but nothing was written and signed nor done legally. Initially things were amicable but during later years payments lapsed or were not paid at all. He is refusing to pay any arrears and disputed the situation,now giving NOTHING. She works full time ,owns the house ( with mortgage) ,and the elder child is in employment so he is liable for only the 14year old .The "ex" has remarried lives in rented accommodation and both he and his new wife are in full time work (no children). Where can my daughter apply to force her ex husband to pay his dues please?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was there a Court Order dealing with the Child Maintenance?
Customer: replied 2 years ago.
No The couple just agreed verbally to pay into a joint bank account for expenses relating to clothing etc and general upkeep of the children. No court was ever involved, it was all just between the parents and amicable at the time he left and for a while afterwards.
How was the capital division dealt with?
Customer: replied 2 years ago.
Not really sure of your terminology but if you mean the property.. my daughter " bought him out" by paying a sum of money to her husband and he signed agreeing he had no further claim on the house. She then took out a mortgage in her name only,which she is still paying. This,again,was all done between the couple privately with no official order
Thank you you did understand it correctly
What was the percentage division of the equity and has your daughter remarried?
Customer: replied 2 years ago.
My daughter has not remarried and has no partner. I do not know actual percentage division of equity only that it was agreed to be a fair sum and accepted by the husband at the time. I believe he signed a document from the mortgage lender which amended the outstanding loan to be transferred to my daughter,meaning he would have no claim to the property thereafter. He does not dispute the situation in respect of property but owes my daughter monies toward the upkeep of their children which he has not paid. She has never arranged any legal paperwork to prove the private agreement she and her "ex" decided would be fair. The arrears debt now has reached a point where she needs to insist on payment but he is ignoring the issue. My daughter wants to know how to resolve the problem please.
I am so very sorry but since there was no court order the arrears are unrecoverable - the agreement that they reached is not one that can be enforced in law.
The only option available to her are to make an immediate application to the CMS for maintenance of the younger child
This could be coupled with a belated financial application within the old divorce proceedings - but in all honesty that is not likely to be financially worthwhile
I am sorry not to be able to give better news
Please ask if you need further details
Clare and 2 other Law Specialists are ready to help you