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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


How to reduce payment (CSA)

  • sharif
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05 Jul 12 #341322 by sharif
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Hi all,

Since I separated from my X I am paying their maintenance through CSA. Three years on, battling through separation and divorce finally managed to grant divorce from her thank God.

Now, I am under sever pressure from accumulating debts she puts on and my wages doesn''t cover the payments and CSA payments.

I have over 10K to repay and all my bank statement always OD from the 2nd of the month.

Is there away I can reduce the 300 pounds pm paid to my 2 children through court as CSA refused to understand my financial difficulties

Many thanks for your support

  • maisymoos
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05 Jul 12 #341324 by maisymoos
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No, I think you will find that the courts will not interfere or intervene with CSA arrangements.

  • jslgb
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05 Jul 12 #341327 by jslgb
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Csa wont take your debts into account. Regardless of what debts you have your children still need to be fed, housed, clothed etc. £300 a month for 2 children isnt really much at all and it wouldnt be fair to reduce that so your children will suffer. Have you spoken to whoever you have your debts with? They generally acknowledge child maintenance payments and could restructure your repayments to take your financial obligations into account.

  • sharif
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05 Jul 12 #341330 by sharif
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jslgb wrote:

Csa wont take your debts into account. Regardless of what debts you have your children still need to be fed, housed, clothed etc. £300 a month for 2 children isnt really much at all and it wouldnt be fair to reduce that so your children will suffer. Have you spoken to whoever you have your debts with? They generally acknowledge child maintenance payments and could restructure your repayments to take your financial obligations into account.


Many thanks for your kind reply

I am sure my children will never suffer as my X is working full time and have access to single mother benefit and also lives in a housing association house with reduce rent
She has at least double my wages
Do I need to be full of debts because of her!! and she lives lavish life!!

  • Fiona
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05 Jul 12 #341331 by Fiona
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Have you asked the CSA about applying for a variation? The basic CSA calculation doesn''t take into account any debt but in certain circumstances the non resident parent can apply for a variation.

Courts normally have no jurisdiction to order child maintenance. Exceptions are when one parent lives abroad, there are step children or children over 18 in education. Child maintenance can be *agreed* as part of the overall divorce settlement but not imposed by a judge.

  • jslgb
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05 Jul 12 #341333 by jslgb
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sharif wrote:

Many thanks for your kind reply

I am sure my children will never suffer as my X is working full time and have access to single mother benefit and also lives in a housing association house with reduce rent
She has at least double my wages
Do I need to be full of debts because of her!! and she lives lavish life!![/quote]

While i appreciate what you are saying, why is it ok for your ex wife to cover most of your children''s expenses? When a child is born parents have an equal share of parental responsibility and yet when they split up only a small percentage of the NRP''s wages are taken. Who pays for the rest of the childs up keep? You pay £150 a month per child. My stbxh pays £30 less than that a month and it doesnt go far at all. Your ex wife is working and doing the best she can to provide for her family. She doesnt have to work, she might not like living in a housing association etc but she does it for your children so she can provide for them.


I still think your best bet to attempt to make changes with your debtors.

  • Child Maintenance Options
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11 Jul 12 #342529 by Child Maintenance Options
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Hi

Thanks for the post. I am sorry that you have these accumulated debts but as some of the other posters have already mentioned, you must continue to pay your child maintenance payments.

However, you can get help with your debts either by contacting your debtors direct, the Consumer Credit Counselling Service or citizens advice. Whatever you decide, please do it so you can start to get on with your life. You can also contact the CSA and explain the situation to them. They will do whatever they can to help but it might be that if you can discuss the situation with your ex-partner, you could set-up a family-based arrangement. These are easy to set-up, can easily change if one parent’s circumstances change and can involve a wide variety of items e.g. buying school uniforms, days out etc.

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