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Jo C.
Jo C., Barrister
Category: UK Family Law
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Experience:  Over 5 years in practice.
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My ex is threatening to reduce my maintenance payments for

Resolved Question:

My ex is threatening to reduce my maintenance payments for 6 months despite there being a FCO in place. He is claiming I owe him compensation for some personal possessions that have long since been disposed of and so he is taking it upon himself to recoup his "compensation" via a reduction in my monthly payments.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Why didn't you return the items to him?
Customer: replied 1 year ago.

Various items (books) were cleared out, long before he even asked for them. And many items were destroyed when the garage flooded.

Expert:  Jo C. replied 1 year ago.
I am sorry but he does have a claim against you.

He cannot deduct it from maintenance payments but he can sue for the money I'm afraid and its likely he would win.

I am sorry but you cannot just dispose of his goods on the basis that he hadn't asked for them.

In relation to the flood, if you were holding his items then you are under a duty to take reasonable care of them unfortunately.

Customer: replied 1 year ago.

I wasn't expecting the garage to flood!!! There was a burst pipe after a period of freezing weather.

Expert:  Jo C. replied 1 year ago.
No, of course you didn't do it deliberately but the issue is a negligence argument. Burst pipes can usually be avoided I'm afraid by keeping the heating on slightly.

I'm really sorry but there is a claim here.
Customer: replied 1 year ago.

Do people have heating in their garages???!!!!


 


OK I understand then that he has a right to make a claim - but what do I do when he takes it upon himself to reduce my maintenance payments. It's his word against mine as to the value of any of these items. He has no receipts for anything so how do I protect myself when he simply decides to cut my money?

Expert:  Jo C. replied 1 year ago.
Not usually but most burst pipes are caused by people not turning the heating on to prevent that from happening.

He cannot reduce a family court order. You could take that to court for breach.

But he can sue in the civil courts and you would be liable for his costs so its worth trying to agree something before going back to court.

The value would be for a court to assess but its not usually a challenge really. Assessing item values is common enough at the civil courts.
Jo C., Barrister
Category: UK Family Law
Satisfied Customers: 64054
Experience: Over 5 years in practice.
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