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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12293
Experience:  30 years as a practising solicitor.
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I have been divorced from my ex husband for over 10 years.

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I have been divorced from my ex husband for over 10 years. Financially I didn’t get what I thought I was untitled to from the divorce. We have always had a private arrangement with regards ***** ***** However my maintenance doesn’t increase every year, although his salary does. I don’t know exactly how much my ex earns, but I do know he has a good job. Am I untitled to an increase every year? Is it worth me taking this any further?

Thank you for your question. I am a solicitor In Scotland. Is this maintenance for you or maintenance for children?

Customer: replied 4 months ago.
It is for my children.

Thank you. What ages are they and how many days per annum do they stay with your ex husband? Do you know roughly what he earns on a gross basis? Does he have any other children from any other relationship?

Customer: replied 4 months ago.
They are now 19 & 17. It can vary on how many days they stay with him. It should be every second weekend, normally Thursday till Monday. Again that can vary. Now that they are older he tends to come here when it suits him. I should point out that he lives and work between London and Leeds, but owns a house here in the Borders where I live with the girls. I’m not sure exactly how much he earns but I would guess at well over 100k? He does take them on at least 3 foreign holidays plus a couple of trips to London each year.

What do each of your children do? I didn’t realise they were that age and that can make a difference from a legal perspective.

Customer: replied 4 months ago.
They are both at college in Edinburgh. My eldest daughter has applied for university so hopefully she will start there in September if accepted. My youngest is in her first year of a 3 year course.
I must come across as an ungrateful person, in regards ***** ***** he does give the children. I don’t have a successful job as my ex husband, and admit it is a struggle the older they get and now they are in further education. Sorry I didn’t answer all of your last questions. No he has no other biological children.

The obligation to pay child maintenance has ended in relation to your elder child and any aliment should now be paid directly to her now and during her university career to a maximum of age 25. The same will apply to your younger daughter when she reaches 18. Until then there is grey area although if you are still getting child benefit for her he should be paying child maintenance. Is he still paying for both children?

Customer: replied 4 months ago.
I don’t receive chid benefit or tax credits for my eldest, just my youngest. Yes he still pays maintenance for them both. From what you’ve told me. Maybe I should just leave things as they are. I wasn’t aware that the maintenance should now be paid to my eldest direct? I was under the impression that until the girls leave full time education he was still obliged to pay maintenance to myself, as they live the majority of the time with me?
I don’t suppose re divorcing him is an option!

I think you should leave it as it is because over 18 and in education or training means the maintenance should go to the children directly. See online section 1 of the Family Law (Scotland) Act 1985. I hope that helps. Please leave a positive rating so that I am credited for my time.

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