My husband signed an agreement with his ex wife agreeing to put a sum of money in a savings account each month for the kids education over the last 10 years. He explained to her over the years that it hadnt been possible and she conceded that as long as he contributed to the kids third level education that it would be fine. We have been very involved with the kids upbringing and always paid the agreed child support on time. We have some money saved that is within our means but she recently sent a solicitors letter demanding the full amount. Both the kids are grown up and have had full time jobs and are not interested in the money. Will he be liable to pay the amount and will my income be considered in the ruling?
Province/Country relating to question : london,u.k.
We have tried reasoning with her and we had been on good terms with her up to this point. Only 2 years ago she had said she wasnt interestd in the subject and we should deal directly with the children ,which we did.
Was it an Order of the Court?
Please give me as much detail as possible.
I need a bit more information please. I am going off line shortly and will be on and off all day (experts on here are also practising lawyers) but will be back later (on and off) today when I will deal further once I have your reply.
Hi there Its a legal document for sure. My husband is a complete moron to have agreed to it in the first place but he said he was trying to get get it resolved as quickly as possible. Its signed by both parties but she had led us to believe she would not persue it as we contributed so much and so often to their upbringing. I never knew about the document ,otherwise I would have had her agree in writing before we gave the kids so much else.
What exactly is this "legal document"?
What amount over what period? How old are children now>?
How come she has just decided to puruse this? can we have fine details please?
Sorry Law, The first child is 23 and my husband had set him up in a full time job which he gave up after 2 and a half years because he didnt like it . He is now living back at home home persuing some hairbrained scheme of setting up his own business. The second child is 21 and in her second year in university. We are offering to pay her fees on completion of her degree. He agreed to pay £500 a month into an account until the reached 17 or finished 3rd level education but we were never in a position to pay that. The first child has recently done a personal training course and we have offered to pay for that too but he refused. My husband has been paying off the debts from the divorce since I met him and still has 25 grand to go. I have no idea why all of a sudden she has decided to persue this ,maybe because the first child is driving her crazy at home or has decided we should invest in his ridiculous idea. Have just checked and it is a court order We have 3 children and one on the way and we certanly wont be able to afford their uni fees . His kids have always treated here like a second home. They dont seem to be the ones persuing this but I know thats not always relevant. I am literally prepared to divorse him myself if she takes him to court as I have spent the last 11 years sorting out his debts and finances and just cant take any more !
Thanks. He can do one of two things.
1 Pay her nothing and wait till she takes him to court to enforce the order and then defend it citing that he has paid albeit directly to children (with her agreement) or on the basis that he shouldnt have to pay based on change of curcumstances (or mixture of both)or
2 Apply to court to get the order varied on the same grounds.
Does she have a new partner winding her up?
Please press accept and I will follow up any points. The thread remains open for follow ups. Thanks
PGD Law. 20 years legal profession, 6 as partner in High Street practice
Hi again law, My husband has come back from a meeting with her and she has agreed to accept the fees for daughters uni plus the cost of the sons course with the agreement that he can come to us again should he decide to do further courses. How can we ensure she doesnt just change her mind again and try and get the court order enforced further down the line. Do we need to have the letter witnessed by a solicitor to make it legal or is her signature sufficient? Many thanks Lorraine
If it ends up in court you need proof of waht was agreed. get her to write the letter and sign and date it rather than simply sticking it in front of her to sign. She has less chance of arguing that she signed under duress if she actually wrote it!
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