Unpaid Maintenance

[Lovelylady61]

My ex has not paid maintenance for the last 5 years for our daughter. In divorce settlement, I was awarded the house with a 24.9% charge on it awarded to him when I sell. Having to sell now, as he put so many clauses in the settlement. My question is this - do I have the right to work out and deduct a reasonable amount of back-payment now that he has remarried and lives free of charge in his deceased Aunts house? Any help is really appreciated. Thanks

I would speak to a solicitor or the CAB, because maintance and house settlement are 2 different things.

Get a solicitor, I would want to deduct every penny. And I wouldn't sell, is be very surprised if he can make you - are you sure all the clauses are legal?

Is your maintenance claim being dealt with by the CSA? was there a clause in your Order following your divorce regarding child maintenance?

It is unlikely that there is anything you can do as child maintenance is the CSA's jurisdiction. However, it would be worth running your Order past a solicitor to be sure - many will do a first half hour/first appointment free so you have nothing to lose by having the discussion.

Hi there OP
Do let us know if youd like us to move this to our legal matters topic.
Thanks
MNHQ

When we divorced, he was out of work and on Incapacity Benefit, so I was told if I pursued it, I would be awarded £2 per year!! So there was never a maintenance order made. He lied time and again about where he lived and the work he was illegally doing (even when I reported him to Social Security) - his mother also lied for him.
The clause about me having to sell my house and pay him is legal and stated in my divorce papers from the courts. Just hoping there's a way of claiming back some cash now that he is doing pretty well. Strangely enough he was happy to buy my eldest daughter a car when she needed one (she's 30 years old!!)
Thanks for all advise,I will contact CSA