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Hi there
I hope someone can help me.
I separated from my ex back in 2010, and the decree absolute followed in December 2010. I was to pay Β£500 per month maintenance for my children, which was per a court order.
Everything was fine until my business turned bad and I very nearly went bankrupt in 2011. I struggled to find work and fortunately found a job in 2014, though it was hard as [censored] to get by during the interim. I had a bit of rental income but not much, and I was / am very heavily in debt. I am now on my feet again but it's a struggle keeping on top of the debt.
I explained everything to my ex and we agreed that I would pay Β£100 per month until I was back on my feet. I kept upping this though never quite got back to the court order amounts.She was very keen that we didn't go back to court to vary the court order as she thought that she'd get nothing.
I thought we had an agreement as everything was discussed. My ex found someone new and she lost the plot culminating with her throwing my kids out and I now have sole custody.
My ex has now come after me with solicitors saying that I owe her Β£20K plus interest as per the court order. I am so in debt that it's just too much for me to get my head round. I have shown her solicitors the text exchanges in which I thought we had an agreement, but they say that there's no agreement, and I'm to pay up or they'll take me to court. They want to put a charge on my house for the full amount. They are so aggressive and intimidating.
I tried my best. I didn't want to go bankrupt as I thought it would stop me being able to find work, and yet the debt won't go away. My ex's antics are leaving me feeling very stressed and vulnerable. I can't afford Β£20K, and it all seems so unfair given I tried my best to pay what I could afford.
Can anyone help me?
Hi there
Have you sought any legal advice yourself, some solicitors offer a free initial consultation which might be helpful to you.
Strictly speaking texts aren't legally binding, but her texts do show intent. I'd be inclined to say, "take me to court, I have enough texts to show intent on her part and also that she was keen not to go back to court."
You could also try seeking advice from the Citizens Advice Bureau.
Is she paying you maintenance? Are you claiming all the child benefits and working tax credits that you're entitled to?
Thanks Mojo
I haven't claimed anything from her as I was trying to make up for the periods when I didn't pay much. I think I now need to do so as it might even out her claim against me.
Is there scope to retrospectively amend the court order payments?
How far back does the court normally go with these matters?
Will the court factor in my debts?
Does the fact that she no longer has anything to do with the kids have any bearing on the award, i.e., it's now profit rather than going to be spent on the kids?
It won't look good in court, whether it's enough I just don't know! It depends on the judge on the day.
You must apply for child benefit and working tax credits immediately, it's yours by right. Open a case with the CMS too, although they may not move on it until you are in receipt of child benefit. If she works, you would be entitled to 16% of her gross income for 2 children rising to 19% of gross for 3.
How long have you had custody of the children? Again that would be something he court may take into account.
As far as amending the court order retrospectively, I doubt it but you both agreed to the reduction and she expressed a wishnot to vary the original order. Get screenshots of all of the texts and start building your case.
The financial side of things isn't my forte, hopefully someone will be along that can offer further advice.
Hi There,
.
I agre with Mojo,
.
Fight it all the way, by the sounds of things you had made an agreement, which would actually of superceeded the court order, the court order would only stand for 12 months after it was written where child maintenance is concerned, so after that time you can either make an agreement to vary it, or hand the case to CSA/CMS.
.
GTTS
I think Mojo has covered everything I would advise π You have nothing to lose by going back to court - get some advice from a solicitor, but I would say represent yourself to keep your costs down.
I would think a court would not be impressed that she is after the money and doesn't have the kids - if she needed it at the time, she did have the option of CMS or going back to court. I presume also that the divorce settlement took account of the fact that she had the kids, and since that has changed, going back to court might re-balance that more in your favour, certainly I'd be hinting that much to your ex.
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