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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33276
Experience:  25 years experience of all aspects of family law
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Claire I had a consent order done this year a couple of

Customer Question

Hi Claire
I had a consent order done this year a couple of months ago now. My solicitor left out RPI when I specifically requested it. I emailed her and she said there's no point and that only if there's inflation (which is coming) I would have to go to court! I find it difficult to deal with her as she has always dealt with my case lazily and I had to keep on top of her to get things done. Also most of what I knew I was entitled to and done research on was suggested by me to her. She is a partner in a firm. I am very upset and don't know what to do. Would it be possible to get advise.
Submitted: 1 year ago.
Category: UK Family Law
Customer: replied 1 year ago.
PS I'm from the UK.
Expert:  Clare replied 1 year ago.

HI

Thank you for your question and for asking for me

When was the Order actually sealed by the Court and is this Child or Spouse maintenance?

Customer: replied 1 year ago.
The order was sealed on 25th August 2015 decree absolute was on 9th September 2015.
It was child and spousal maintenance in my consent order.
Expert:  Clare replied 1 year ago.

How much is the Spouse maintenance and when does it end

Customer: replied 1 year ago.
It's been done as global maintenance. Basically when it was all worked out I got £500 out of that and rest covers everything else.
My ex gave above CSA recommended. The amount I'm getting now covers all household expenditures. £3,950.00 total. Not linked to RPI.
Customer: replied 1 year ago.
It ends when my youngest turns 18. So in 7 years time.
Expert:  Clare replied 1 year ago.

So is it ALL expressed as child Maintenance?

Customer: replied 1 year ago.
No it's expressed as global maintenance
Expert:  Clare replied 1 year ago.

Could you give me the wording ( an dis it a BIG firm she is a partner in?)

Customer: replied 1 year ago.
The firm is a local firm.
Customer: replied 1 year ago.
The respondent do make or cause to be made to the applicant with effect from the date of this application periodical payments.
The payment shall be at the rate of £3935.35 per calendar month payable in advance less any sums that may from time to time be payable under any child support agency calculation for the three children.There's no global maintance reference or actual child maintenance wording.
Expert:  Clare replied 1 year ago.

Did you ex have a solicitor?

Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

I do not think that it is news to you that this is poorly drafted.

However it has now been sealed and until inflation actually becomes a relevant factor there is no action that can be taken.

When it does you can apply for an upward variation - and for the Inflation proofing to be included.

You should however make a formal complaint NOW about her failure to act in accordance with your clear instructions.

In deed if you have paid the final bills it could be worth having a separate solicitor review the file - just in case

Please ask if you need further details

Customer: replied 1 year ago.
Should I get the file my colicky or has or take whatever I have to get checked.
Customer: replied 1 year ago.
Solicitors has*
Expert:  Clare replied 1 year ago.

If you have paid your bill you are entitled to your full file - which could makr an interesting read

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