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unpaid maintenance/house sale

  • lesbarbeux
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09 Oct 12 #360074 by lesbarbeux
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I have been divorced for 8 yrs and my ex largely abided by our court order with regard to maintenance for my three children, one of whome is Downes Syndrome.
A year ago however, he stopped paying the mortgage and the payments for my Downes son (although the court order says he should pay for life). My daughter became of age so hers naturally stopped and my other son is now at Uni. All he pays now is a token amount to help him through his time there.
The court order is quite specific that he should pay but he has point blank refused. My ex is a solicitor and there is no recourse for me through the Law Society.
I have now sold the marital home and by the terms of that same order he is entitled to 20% of the proceeds less disbursements.
How do I stand about reclaiming the unpaid maintenance from his share of the house? And is that reasonable?

  • soulruler
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09 Oct 12 #360104 by soulruler
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The court should not be involved with whether he is a lawyer or not -, cast that out of your mind.

There are arrears and there is also a capital sum due to a sale with conditions.

There is also a disabled adult involved.

work out the sums and do not allow a release of capital from the solicitors holding account and point out that they have contractual obligations under the Legal Services Act 2007 and that includes fraudulent activity and you are concerned about any potential fraudulent activity from your ex. BTW fraud act 2006 expands on previous law in that you do not have to be successful in an a fraud ( a misreprentation, a concealment or an abuse of position) you just have to have the objective - ie the fact, and then the motive - ie the intention for the act of Fruad 2006 to be established.

  • lesbarbeux
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11 Oct 12 #360365 by lesbarbeux
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Mmmm! Does that mean that we are going to have to go back to court then? If so, what are my chances?

  • NoWhereToTurnl
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11 Oct 12 #360389 by NoWhereToTurnl
Reply from NoWhereToTurnl

I agree with SR, do not release the money from the sale of the house.

Apply to the court for enforcement of the CO, you do not need a solicitor to do this, the fee is £90 and remember to tick the box to claim costs.

Now the down side to this is that your ex could apply for a variation of order, have a read of this for full explanation;


Don''t let your ex abuse his position as a sol or let him bully you, your son is dependant on you and you need the money.

If there is enough capital in his 20% it might even be able to capitalise the maintenance.

Very best wishes,


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