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maintenance arrears over 12 months old

  • topjack33
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26 May 09 #119234 by topjack33
Topic started by topjack33
Hi

My ex has been paying arrears regularly over the last 3 years, but since his circumstances changed 2 and a half years ago, he has paid less than was stated on the Court Order (not CSA assessment).

I have now started proceedings to claim back the arrears, but the Court has told me that I have to go to a seperate hearing to ask for leave to claim the arrears that are over 12 months old. My problem is that I don't know what the judge is going to consider a good enough reason to grant me permission.

In all honesty, because the amount he was short-paying each month wasn't that much, I have just left it the 2 and a half years to build up. I haven't been unable to contact him, never discussed the arrears, and he's never missed a monthly payment.

So is the judge likely to consider giving me permission? What sort of reason for permission do I need to state to give me the best chance? Or is it more likely he/she will say I was wrong to leave it so long?

Many thanks to anyone who can advise me.

  • Fiona
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26 May 09 #119247 by Fiona

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