Thanks for response. V complicated, this is like a pre nup thing whereby I unwittingly signed a "loan". This is now repayable.
I didn't ask ex h at the time for the money as he was also supposed to put all the bills into my name, but he continued to pay them. Also, after a protracted and very expensive divorce, I was completely finished and in no state to pick ip on any of this.
Even though the amount of money he was supposed to pay me was only 6k, and only for one year and the amount I now am being asked to pay is 40k., I wonder if they can enforce one pRt without the other part being done, also didn't persue him for child maintenance as he was out of work and living of this same trust.
I could now ask him for thT 6k in writing, index linked? I don't know what to do
I haven't got the order at this moment whilst I type - but I can say that it was all brought about by possibly the most powerful family law firm in Europe - who hold the Ex's trust, so it will be 100% correct. the "loan" was money given to him, to avoid tax it was made to look as a loan. Upon divorce they wanted this back. We then (after spending ££££) agreed that I would pay this back when youngest finished education - which is soon.
so now I ask my original question... (as above)
and also, shall I now ask him for the 6K, index linked before responding to the trust?
I have received no maintenance and he has probably had the children for 60 days out of the last 12 years, and of that probably only 21 nights.
I presume this was an undertaking you gave to the court. Your ex is the only person who can enforce this. I suspect the court won't enforce that part of the undertaking that equals what he owes you including interest (simple interest at 8%). But that's just an inkling I have. I suggest that you calculate what he owes you and deduct that from what you have to pay the trust. This advice though is given without having sight of the order. I presume the order is by way of indemnity to your ex. He would therefore be primarily responsible for the debt.
have the document now - there are some pages of definitions, and this £40k is then referred to as Charges
4) The Trustees agree in respect of the said Charges that
a) such charges do not carry interest;
b) such charges shall not become exercisable until the first to occur of the yougest child of the family attaining the age of 18 years etc etc or the death or bankruptcy of the petitioner
5) The said Charges shall be transferable to any other property purchased by the Petitioner provided always that the Trustees consider that the property purchased provides sufficient security for the said charge.
AND UPON the Respondent agreeing and undertaking to the Court 6) To pay to the Petitioner for the benefit of the children the sum of £3000 per annum for each child (that being £6000 in total) for one year. Sucn sum shall be paid monthly in advance by standing order starting on 1 March 2004