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I have a query regarding a claim for retrospective top up to…

Customer Question
Hi I have a...

Hi I have a query regarding a claim for retrospective top up to regular child maintenance to account for RPI linked element in original court order

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No - I've received claim from ex wife solicitor

Lawyer's Assistant: Family law varies by state. What state are you in?

NI

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Child is 18 and about to go to third level educatio

Submitted: 25 days ago.Category: UK Family Law
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Answered in 4 minutes by:
3/27/2018
Solicitor: Clare, Family Solicitor replied 25 days ago
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,052
Experience: 25 years experience of all aspects of family law
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My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

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Solicitor: Clare, Family Solicitor replied 25 days ago

Could you explain a little more about what the solicitors have said?

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Customer reply replied 25 days ago
They are looking for a monthly payment revised upwards to account for RPI indexing - threatening to claim £9000 for index changes from inception of the Order (2004)
Solicitor: Clare, Family Solicitor replied 25 days ago

For clarity - was the Indexing ever activated?

Did she ever request it?

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Customer reply replied 25 days ago
No - never activated. I paid a consistent agreed figure as per the order: £180pm.
Solicitor: Clare, Family Solicitor replied 25 days ago

Have you worked out what the actual payment should now be (forget about arrears for now)

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Customer reply replied 25 days ago
No I haven't though it would no doubt be easy enough to do. I've been presented with a spreadsheet calculation. I haven't been trough it fine detail (RPI and CPI fluctuate up and down). It's the principal or a retrospective sweep at this stage that I have an issue with.
Customer reply replied 25 days ago
Hi - any further details that you require?
Customer reply replied 25 days ago
Are we still online here?
Solicitor: Clare, Family Solicitor replied 25 days ago

My apologies.

As a starting point to the arithmetic and work out what the current payment should be - and start paying it.

Work out the arrears for the last 12 months - and pay them up front (assuming that is possible)

The write to her solicitors and point out that at no point has their client informed you of any new amount that you should have been paying, but that you will henceforth pay the correct amount - and have paid 12 months arrears as a gesture of good will.

Remind them that if she wishes to enforce any further arrears she will need the permission of the courts - and you will resist on the grounds that it is unreasonable to seek to enforce arrears which have arisen as much through her fault as through yours.

Realistically it could be worth offering a further years worth of arrears if they do try and take matters further as there is a risk that the court may have some sympathy for her - but it is unlikely that you would have to pay the full 14 years worth!

I hope that this is of assistance - please ask if you need further details

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Customer reply replied 24 days ago
Hi Clare - I have a few follow up questions. is this considered part of the same consultation or do I get charged again?
Solicitor: Clare, Family Solicitor replied 24 days ago

Follow ups are all included!

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Customer reply replied 21 days ago
Hi - just a couple of other factors to note: RPI is from another jurisdiction applicable at the time of the order. All parties resident in NI since 2005.
Daughter due to complete full time secondary education in June 2018 - therefore maintenance payments to ex spouse will also cease then. I intend to make equitable contributions direct to my daughter in respect to third level education.
Solicitor: Clare, Family Solicitor replied 21 days ago

Which Jurisdiction?

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Customer reply replied 21 days ago
Isle of Man
Solicitor: Clare, Family Solicitor replied 20 days ago
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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,052
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Experience: 25 years experience of all aspects of family law

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