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Can anyone advise me please re claiming backdated child maintenance?

9 replies

WhenICountMyBlessings · 24/07/2018 16:11

Hi there,

I divorced my husband in 2006 when our children were 11 and 12 years old. The court order stated that he should give me 25% of his salary for child maintenance. I waived spousal support. He was living and working in Singapore at the time and as there were no reciprocal arrangements for enforcing payments, he neglected to pay anything towards his children, knowing full well there was nothing I could do to enforce it. He also stole all the child benefit I had been saving as a means of helping them with a little something towards e.g. uni fees etc.

Although my children are now adults they have been struggling and I cannot afford to help them. They are saddled with uni debts and cannot even afford to leave home. I feel that he should be made accountable for paying what he has owed them all these years, but I have been unable to touch him. I have now discovered that he has moved to Australia. Does anyone know if whether Australia has reciprocal arrangements with the UK and whether it would be worth me spending some money to see a solicitor to try and claim backdated missing payments? He was\is earning a lot of money so we are talking a meaningful amount that could make a real difference to my children. He has never even been in contact with them all these years so it's no good them appealing to him directly. They have no idea I have found where he is and what he is doing.

OP posts:
C0untDucku1a · 24/07/2018 16:14

I don't think you stand a chance tbh. Did you at least get the family home?

WhenICountMyBlessings · 24/07/2018 16:20

No I didn't get the family home - it had to be sold to pay off the mortgage and there wasn't enough left for me to buy anything. It has been a real struggle and both children really suffered. I don't care for myself but it's just so not fair that his children are struggling whilst he is living the high life.

OP posts:
WhenICountMyBlessings · 24/07/2018 16:22

He also emptied all the bank accounts before the court proceedings and put money offshore. He left us penniless.

OP posts:
Collaborate · 24/07/2018 18:54

You need leave of the court to enforce arrears more than 12 months old. I think you're wrong that you couldn't enforce in Singapore. You can enforce under the MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ACT 1972 - (Singapore was added to the list of Convention countries in 1979) and also apparently the Administration of Justice Act 1920.
Is maintenance still payable? If it is, it's definitely worth going for at least the last 12 months. You can enforce in Australia.

WhenICountMyBlessings · 24/07/2018 23:06

Thanks, @collaborate - I was told by my lawyers at the time that there were no reciprocal arrangements with Singapore. Maintenance is no longer payable as they are adults now. I know I'm clutching at straws but I just feel so very angry that he has has no responsibility all these years and my children have gone without whilst he has been living it up.

OP posts:
RandomMess · 24/07/2018 23:14

If you have that in writing from your then solicitors I wonder is you have a case against them...

Dioskouri · 24/07/2018 23:18

What a massive twat your exH is. Angry

Sorry, I know that’s not very helpful!

Flowers
MissedTheBoatAgain · 25/07/2018 03:23

To OP

Shame you waived Spousal Maintenance taking into account your ex was overseas at the time. UK has reciprocal agreements with many Countries including Singapore and Australia. Look at link:

www.nidirect.gov.uk/articles/reciprocal-enforcement-maintenance-orders-remos

If maintenance is no longer payable then I am not sure what help the REMO Unit would be?

As for RandonMess comment about a case against your solicitor I would think very carefully about that. You may spend more trying to get compensation from them than the maintenance your ex has avoided? Plus it was in 2006, twelve years ago. Maybe you are out of time?

Tomatoes100 · 31/07/2018 18:09

You divorced 12 years ago ! I understand that you and your children have had a difficult time. However, I don't think it is worth spending even one minute thinking about your Ex ! Put all your time, money and energy into your current situation. University graduates don't start to pay back their loan until they earn over a certain amount. When I was younger I had 3 jobs at once. I've continued to pass qualifications that are work or hobby related into later life. Stop looking to your Ex for help !

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