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If my husbands ex partner goes to see a solicitor and they send us a letter (basically we are going to cm options and taking out a statutory arrangement so maintenance is going to stop but we know she will go straight to a solicitor - she used to get legal aid but won't be able to now) - can we just reply to the solicitor stating that we are going threw cm without the need of a solicitor sending the letter for us?
thanks in advance
Rather than wait for a solicitors letter why don't you write to her and inform her that you have taken advice from CMO and have found that as xxxx doesn't work she is not entitled to maintenance, but you are in the process of putting the case through the CMS. Inform her you will still continue to pay xxxx allowance to her directly. You could even attach the information from the CMO website for her reference.
but she won't get any maintenance as my husband is a stay at home dad... all very confusing I know. I said that we should write to her and inform her and also stop the next payment - basically for 4 years we have paid when we didn't need to (in the eyes of the law!!) but we always felt it was the right thing to do as it was his daughter.
thanks for the info.
It's about getting official confirmation of that I think... She can't argue if they say officially she isn't entitled to anything.
In answer to part of your original question, there is no need for you to have a solicitor send a letter on your behalf - you can reply directly to her solicitor yourself if that's the route she chooses to take. But what NJ has suggested above will hopefully avoid that anyway - however, if she wants to run up solicitor's costs, that's up to her.
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