The UK's largest and most visited divorce site.
Modern, convenient and affordable services.
We've helped over 1 million people since 2007.

Click this button for details of our

email, phone nbr and free consultations.

How To Contact Us

Ex-Wife threatening to sue

Start
Prev
1
Next
End

Belly1966
Posted by
New Member

14 Oct 14 #446785 by Belly1966

Topic started by Belly1966

My ex-wife and i split up in 1997. i agreed a figure to pay her monthly until a Consent Order was finally signed in 2002. I started paying her maintenance payments monthly into her bank account but after about 6 months she refused to accept the payments in anything other than cash. she was claiming full benefits and had told the CSA i was violent and not to contact me - completely untrue.
i was always uncomfortable about giving her cash but every time i refused she wouldnt let me see the kids who were very young at the time.
i got her to sign for the cash as evidence but after a while she even refuesed that.
after 17 years of paying with one daughter at Uni and the other daughter 18 and not in full time education anymore my youngest daughter said she didnt want to see me anymore. I was heartbroken but i hope she comes round to see me again in the future. because i wasnt seeing my daughter anymore to give her the cash i stopped the payments.

the child maintenance people got in touch with me in august to say a claim had been filed against me for maintenance. i queried the fact that my daughter wasnt in secondary education but they said they had spoken to my wife and that she was. they calculated the amount and i set up a standing order for the agreed amount to pay into my ex''s account.

she phoned today to say the amount that i am paying isnt enough and that she is now going to sue me for 17 years maintenance because i cant prove that ive paid her.

has she got any legal grounds to do this? as she is on benefits she will be entitled to legal aid so im sure any costs wont put her off. our divorce cost me thousands in solicitors fees because she was so awkward and dragged everything out. can anybody help?

TurboB
Platinum Member

14 Oct 14 #446786 by TurboB

Reply from TurboB

my first impression having read your post was don''t worry! Its just threats and unlikely to go anywhere because of the length of time involved. I wouldn''t pay a penny until you legally have to.

I''m sure those more savvy with the law can advise.

MrsMathsisfun
Platinum Member

15 Oct 14 #446822 by MrsMathsisfun

Reply from MrsMathsisfun

Was a csa amount included in the consent order? Do your bank statements show evidence of regular cash withdrawal?

I would think she would find it difficult to enforce 17 years of payment when she has never enforced issue in past.

Child Maintenance Options
Moderator

15 Oct 14 #446841 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Belly1966

If you had an amount specified on your Consent Order, your ex-wife could go back to court to have it enforced. However, usually the payments would only be enforced from the time the missed payments were reported, which would of course not cover the last 17 years.

Usually, legal aid cannot be used to pursue a standalone Consent Order.

You may wish to get legal advice for clarification on both these points. You can contact Civil Legal Advice here, www.justice.gov.uk/legal-aid. You may also wish to contact your local Citizens Advice Bureau, www.adviceguide.org.uk.

If the Child Maintenance Service have now worked out an amount for you to pay in your current arrangement, you would not be expected to pay anything else on top of this.

Regards

William

Start
Prev
1
Next
End

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.