child support - agreement drawn up, not being stuck to

[jampot]

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...

[gizmo111]

Was this agreeemnt made in court ?

 

Suggest you ask this question on Divorce: ondivorce for friendly community support forums similar to here and free to register.

[MrShed]

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

[jampot]

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.

[gizmo111]

I don'tthink you can do samll claims on child support, as it would be dealt with through family court.

[lisaf]

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

[CAGisforME]

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.