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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33316
Experience:  25 years experience of all aspects of family law
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I wanted to know if I could retrospectively claim

Customer Question

Hi, I wanted to know if I could retrospectively claim maintenance payments from my ex husband. Our agreement was private and not through the CSA. I am still paying our daughters school fees without his assistance and it is causing great financial hardship. He earns more than I do.
Submitted: 1 year ago.
Category: UK Family Law
Customer: replied 1 year ago.
He initially paid £250 per month from the age of 5, until she was 13 years old and then increased that to £400 per month. She resides with me and visits her father for a week during school holidays at Easter and during the summer. Every time I have asked for an increase, he argues and declines. He has a good job and salary and is remarried, but has no other children. All I have asked is that we pay equally for our daughter, however unfortunately that has not been the case. I have been unable to save any money for her future or myself due to this.
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but need some further information first

How old is your child and what income does your ex have?

Customer: replied 1 year ago.
Thank you Clare.My child is now 18. He has been promising for some time that he would increase the monthly payments and would pay more towards her, however he has paid half to particular items, as and when it suits him.My ex works full time and is a director for a company. I understand that he earns a good salary, but has never disclosed this to me. Many of his expenses are paid for by his company; car allowance, fuel etc. He owns a home with his current wife. He had an affair with her, which was the reason for our divorce.
Expert:  Clare replied 1 year ago.

Is your daughter still in Secondary education?

Customer: replied 1 year ago.
She has just started university. I am still paying her school fees, as the school allowed me to pay in installments and I am paying towards her living expenses whilst at university. The £400 per month her father paid, will now be paid towards her accommodation.
Expert:  Clare replied 1 year ago.

I am sorry but the news is not good in terms of Child Maintenance as no claim can be backdated - and it is no longer possible to make a claim yourself

However your daughter could make a claim in her own right if she can show that her reasonable needs cannot be met from her resources

If you were ever married to each other then there may be other options - please ask if this is indeed the case

I am sorry not to give better news

Clare

Customer: replied 1 year ago.
We were married.The reason that I did not pursue the matter is that I was quite young when we divorced and was basically forced to sign the original maintenance contract and agree out of court. My ex-husband said he would not see our daughter if I did not agree to the terms and I was concerned of the detrimental effect this would have on her. He had also harassed me and threats were made. I made complaints to my solicitor at the time, who suggested a restraining order. I've tried to remain amicable over the years and realize I should have done something about this some time ago.
Expert:  Clare replied 1 year ago.

So there was a financial order sealed by the Court?

Customer: replied 1 year ago.
It was agreed the terms would be settled privately out of Court. I don't recall an order being made by the Court
Expert:  Clare replied 1 year ago.

Is there any way that you can check as it could be important

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