My ex and I divorced in 2004 and maintenance was set. I intended only to pay main tenance until April this year as I would then be 60 and hoping to retire. Rather than the amount going to zero it dropped to 5 pence. My solicitor at the time said this was "normal procedure" but did not explain that this was to allow the to return to Court for an increase, which she is now threatening to do.
As I gave her half of my pension as part of the divorce settlement I can not afford to retire.
She started drawing her private and state pensions in 2008, and is nowhere near destitute.
I have now received what I feel is a threatening letter from hewr solicitor.
My question is, if we go to Court and an amount for maintenance is set, could this be back-dated to April when the amount reduced to 5 pence?
How long are you given to answer an e-mail from a solicitor? I received an e-mail yesterday and she is demanding a reply by end of business today.
Also, she wants a completed form E by next week!
I am going through the reverse to you but also received a bullying letter from my exH''s solicitor in March.
1) The solicitor has no right to demand a response in 48hrs, you should have been advised to seek legal advise and it is up to you whether you engage a solicitor or self represent.
2) Her solicitor can not demand you increase payment, this can only be done through the court with a variation order.
3)form E must be completed by both parties prior to the court hearing, when you receive confirmation (officially from court) you will be given all the necessary dates including the date of admitting into court, your Form E.
4) your ex''s solicitor can request you to voluntarily complete form E but not demand it & you do not have to comply.
So, put the kettle on, take a deep breath, sit back and take time to think through how you want to handle this.
On a brighter note, if your existing court order states you only needed to pay 5p from April then that is all you have to pay and will not be increased until the variation order is signed by the DJ. There will be no arrears to pay are there are none.
Thanks very much NoWhereToTurn. I have dealt with this solicitor in the original divorce and she is not nice. Not knowing the law I have been worrying about waht to do. And my current wife finds it stressful.
My ex''s solicitor has advised me to seek legal advise but expects to provide her with everything she has requested before I have done that. She also wants details of mine and my wife''s earnings by the end of business today. And she wants me to make interim payments which can be subtracted from the backdated payments she is sure her client will be awarded.