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Family Expert
Family Expert, Lawyer
Category: Family Law
Satisfied Customers: 1291
Experience:  25 Years
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Hi - Please can you advise us in any way My fiancee ...

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Hi - Please can you advise us in any way? My fiancee divorced his wife 3 years ago. He was ordered by a court to pay for his two daughters, who are now 21 and 18, education until the end of their first degrees - he currently pays £360/month. His daughters refuse to speak to their father and he has not seen them in the 3yr period. We believed his eldest daughter was due to fonish Uni this May and we could therefore reduce the payments to his exwife by £90 but we have just received a letter from her stating that the daughter decided to change her chosen degree after the 1st year and that we had to continue paying or face court action - is this true and what happens if we refuse to pay? The exwife has just inherited approx 5 million from her father and the girls have both been given at least £150,000 each - if we get taken to court for not paying anything would we have a fighting chance with a judge? I have two children myself and we are struggling financially. I hope you can help!

The amount your fiancee pays should be determined by upon a comparative analysis of his income and the income of his Ex. So, with her inheritance, he should go back to court with a request to "modify" the court's orders concerning the amount he pays.

Regarding, continued payments because the child changed her degree program, first re-read the agreements and/or court orders to see what you can discern from them concerning this change in circumstances, and if in doubt, you can petition the court for a clarification of his responsibilities since the alleged change in degree program seems to require him to pay longer that he otherwise would have.

In sum, this needs to be back in front of a judge for clarification and modification. Go ahead and take the intiative.

All the best,

Customer: replied 9 years ago.
Reply to Family Expert's Post: Thankyou!
If we now wait for the solicitors letter threatening court action and agree to go to court are we able to defend and petition the court ourselves as we can't really afford a solicitor? How do we go about finding out how to do these things?
Thanks Louise

You need to go to the court house and request the forms available for petitioning the court for a modification - your requests for change need to be written and file din court before you appear there in response to whatever action his Ex plans to take -


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