Divorce Court Order advice required
Discussion
Been divorced for about 9 years. I have fully complied with the details of the order in all respects, at all times. At the start of each year we have agreed the amount to be paid for child support and school fees based on the prior year, plus inflation.
Won't go into details, but my ex is now claiming extra cash on the basis that one of the terms of the agreement is vaguely drafted and is threatening to claim (not sure how) that this payment could be back-dated.
I will take legal advice on this if it gets messy, but as a matter of principle, does the fact that we have agreed the payable amounts each year without any issues or argument up to this point undermine her claim for an alteration to the terms?
Won't go into details, but my ex is now claiming extra cash on the basis that one of the terms of the agreement is vaguely drafted and is threatening to claim (not sure how) that this payment could be back-dated.
I will take legal advice on this if it gets messy, but as a matter of principle, does the fact that we have agreed the payable amounts each year without any issues or argument up to this point undermine her claim for an alteration to the terms?
Probably yes, and in any other field of litigation definitely yes, but the Family Courts operate, in the words of Lord Justice Munby, inside a Silo, remote from the rest of the (mostly sensible and fair) English legal system. You may get a fair amount of embittered and sometimes borderline (or beyond) misogynist shouty stuff in here, but there is no substitute, unfortunately, for seeking the advice of someone experienced in the field and insured to advise you. It's not my field, so I can only say keep calm, take advice, and good luck.
Where a court order involves periodical payments either party can return to court to vary or clarify the terms of the Order.
It would however be very unusual for an interpretation clarification resulting in increased payments to be backdated if the payments have been made for several years.
It would however be very unusual for an interpretation clarification resulting in increased payments to be backdated if the payments have been made for several years.
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