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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33283
Experience:  25 years experience of all aspects of family law
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My husband has not paid the prescribed increase in child maintenance

Customer Question

My husband has not paid the prescribed increase in child maintenance payments in four years. I asked his solicitor for the payment two years ago and he said (I have it written in an email)that my ex husband was not working and that if I claimed for the arrears he would in turn ask for the amount to be decreased. I could not afford for that to happen. It transpired that he was working during the time in Italy for his girlfriend's company. Can I claim the arrears retrospectively as I only have one child at home now and I have remarried, so the threat of reduced payments is not so great to me.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much are the arrears?
Clare
Customer: replied 1 year ago.

From April 2011 to present around £2,500 - £3000.

Sally

Expert:  Clare replied 1 year ago.
Hi
What do you know about his currents assets and income?
Clare
Customer: replied 1 year ago.

He owns (with a mortgage) and three bed apartment in South London, and a large house in Southern France (with mortgage). He works for his long-term girlfriend (although he may be able to hide this) plus has an incredibly large pension fund! This info doesn't all go on line does it?

Sally

Expert:  Clare replied 1 year ago.
Hi
Just to check - is he still actually paying maintenance?
Clare
Customer: replied 1 year ago.

Yes, he pays for my youngest son until end of June 2016.

Expert:  Clare replied 1 year ago.
Hi
You can apply to enforce the arrears using any this form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d050k-eng.pdf
However you will need the permission of the Court to enforce arrears that are more than 12 months old
You ask for permission using a D11 available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d011-eng.pdf
Please ask if you need further details
Clare
Customer: replied 1 year ago.

I notice that in the first form you need to have a signed statement of truth, I do not live in the UK, so do I need to get it signed in the country that I live in?

Also would I definitely have to come back to the UK for any hearing? I thought it would just be a 'rubber stamp' sort of thing!

Many thanks

Sally

Expert:  Clare replied 1 year ago.
Hi
All you have to do is actually sign the Statement of Truth - nothing more is required.
I am afraid that it is not a "Rubber Stamp" issue - you will either have to attend or arrange to deal with the matter is video link or use a solicitor
Clare

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