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Chil maintenance
hudo1968
Posts: 55 Forumite
Wonder if anyone can give some general advice....
My Dad walked out on my Mum 35 years ago, a maintenance order was made against him for 3 children and my Mum, he never paid a penny and dissapeared out of the country. He recently died in Malta and his wife who has also seperated from himis getting most of his money. My question is can my Mum still chase this money that she is owed?
Thanks
Steve
My Dad walked out on my Mum 35 years ago, a maintenance order was made against him for 3 children and my Mum, he never paid a penny and dissapeared out of the country. He recently died in Malta and his wife who has also seperated from himis getting most of his money. My question is can my Mum still chase this money that she is owed?
Thanks
Steve
Chuff, chuff, chuff, chuff, chuff....... Noddy!
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Comments
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No Idea. there are possible other issues too. wife 2 separated or divorced from him? did he actually marry her and did they have kids? You may be the only relative and entitled to all the money, or he may have left a will? Why is is wife getting most of the money and not all?GOOGLE it before you ask, you'll often save yourself a lot of time.
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I doubt it very much....but..... i will suck an egg like a grandma if she can!553780080
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He remarried and he seperated from her 12 years ago. She stands to get her half of the house and half of his estate with rest being shared equally amongst all children.Chuff, chuff, chuff, chuff, chuff....... Noddy!0
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MonkeySaving? wrote: »I doubt it very much....but..... i will suck an egg like a grandma if she can!
If she can I will happily buy you an egg to suck.Chuff, chuff, chuff, chuff, chuff....... Noddy!0 -
http://forums.moneysavingexpert.com/showthread.html?t=1037373
huh same person?Hit the snitch button!member #1 of the official warning clique.
:j:D
Feel the love baby!0 -
I would think she has a debt against his estate. In the same way that if he died with a large credit card bill, that would need paying from the estate before any other money is divided up.
The problem would be if he hasn't acknowledged the debt in the last 6 years it may now be statute barred ie unenforceable. Presumeably the debt wasn't secured on his house? Whether the fact that it went through the courts means it is enforceable, I don't know.
Definitely put a claim in to the executors of the estate.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
My brother!! We are looking at things from both angles...good spot!!Chuff, chuff, chuff, chuff, chuff....... Noddy!0
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I would think it is worth taking legal advice for it though - lots of solicitors do a free half hour!
My opinion is that Malta still has strong links with the UK (I could be wrong before I get shot down lol) and the court order you have will still be valid, it needs to be enforced - court orders are valid indefinately as far as I remember.
So, you can submit a claim against his estate for the maintenance plus interest for the 35 years it has been outstanding. Your mum may have to accept a partial payment but its better than a poke in the eye with a sharp stick!Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB0 -
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MonkeySaving? wrote: »Cheers! Do you want the result on youtube?
If she gets the money she desrves i'll even buy you an Ostrich egg...£22!!!Chuff, chuff, chuff, chuff, chuff....... Noddy!0
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