Jump to content


child support - agreement drawn up, not being stuck to


jampot
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5237 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A couple of years ago, my friend split from her husband. Relatively amicable split, and she didn't ask for any maintenence for herself, but did have solicitors draw up an agreement for the ex-husband to pay maintenence for the 2 children.

 

The agreement also covered access and holidays and things like that. Both parties agreed and signed.

 

Another key clause in the agreement was that the payments should increase in March of each year, by EITHER the level of inflation OR a percentage of any payrise which the ex-husband takes.

 

Ex-husband continues to make payments, but flatly refuses to any increase either for March 2006 or 2007, so payments continue at their original rate. He claims that he now "can't afford" to pay any extra. He's now living with someone else, has had another baby (last year), bought a new car, had a big extension done to their existing house, and is selling and moving to a bigger house, so on the face of it, hardly seems strapped for cash.

 

Last time he was questioned on the matter, he simply replied with "don't be greedy" and "i know i could have the amount i pay reduced".

 

Now he *may* paying a little more than the CSA would demand that he pays, but that's a matter of some debate. He's sort of self employed (works as a partnership) so can set his own salary, but also gets a few other cash perks of the job every so often.

 

But as they've agreed (between themselves) a fair mechanism for payments, and a mechanism by which those payments should be increased annually, surely there's some way to enforce the agreement without the gamble of the CSA - after all, she's only trying to enforce what was already (fairly) agreed to, and she's currently out of pocket by a few hundred pounds, but with compound interest, this is rising steadily every month...

Link to post
Share on other sites

Should be able to go to small claims with this, as it is basically breach of contract?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

gizmo - no it wasn't made in court, was done through solicitors as both parties were prepared to agree

 

MrShed - that's precisely what I was thinking. It's basically non-performance. Regardless of what the CSA would (or wouldn't) say, or what a judge would order in court, he has agreed to pay £X per month, and increase £X by the minimum of Y% annually, and is failing to do so.

 

There's no hardship involved, but he appears to want to dig his heels in and be stubborn to make a point.

 

Thanks for the link, gizmo, I'll check it out.

Link to post
Share on other sites

Hi Jampot,

a friend of mine was in exactly the same position but with 3 kids to support. Sorry, I think hers was made a court order and when he stopped payments last year she took him to the small claims and won.

He was also ordered to pay her even more as he was not keeping to the original rate of inflation increase that they both signed for.

So if he had just kept to the original order, the judge wouldn't have had a better look into it and increased it! Feels rather silly now I can tell you!

I wish your friend much luck

Lisa x

Link to post
Share on other sites

I really think that this is one for your Friend's solicitor.

 

The two solicitors must have been fairly convinced by this guy at the time or your friend's solicitor would have ensured it was part of the settlement and done by Court Order, in order to protect her, as she could apply for a variation order in this instance to ensure he increased the payments.

 

The CSA IS a bit of a lottery. If he is self employed he could manipulate what he receives as Salary (although i have heard of cases where the Company's books have been requested!) and the fact that he has a child living with him will reduce his "available income", as will his new partner, if she is not working and is a dependant.

 

My advice is go back to the solicitor who drew up this agreement and see what they have to say about his refusal to stick to the agreed terms.

 

:)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...