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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.


Child maintenance being reclaimed by ex!

  • Livingstone63
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04 Sep 12 #353834 by Livingstone63
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Wondered if this has happened to anyone else? I am half divorced, have Nisi not Absolute. I have 3 children living with me most of the time, they see their father every onther weekend for 2 nights, plus one week night every other week. he pays through CSA as I dont trust him to pay me, he has pretty good job, but a few debts. Anyway, for the second time in 2 years he has claimed he has overpaid me and is reclaiming £1400. I have remained in house and work part-time, paying mortgage, bills etc etc - he never gives me anything extra for Birthdays/Xmas/back to school.

Other divorced friends have never experienced this level of pettiness, and the feeling seems to be that maintenance is maintenance. I can''t get anywhere with the CSA. We did financial mediation 2 ywars ago, and I am looking for a new solicitor to renegotiate settlement and get absolute. Can I prevent this situtation happening again, its so upsetting when I have to budget very carefully ongoing, to lose 50% of my money for 3 months!! Thank you

  • upbeat
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07 Sep 12 #354435 by upbeat
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If it is a deduction of earnings order I was told by the CSA that I could only ask for a reassesment once every 24 months (I''m receipiant) so not sure if this applys to him to. Also why did he not report it to them immediatly instead of letting it drag on? I would argue the case with them and explain that they are putting you in financial hardship!! When my ex owed over £3000 in maintnenance to me they paid it to me in installments of £20 a month! ask them to reduce the amount and lengthen the time as it is down to him not informing them and as you do not have any dealings with the collections it is not your fault if there has been a cock up, I would also include that this is the second time he has done this so what is going wrong and why is this happening? Is he playing games?
I know when dealing with the CSA it is like hitting your head against a brick wall and alot of the time the left hand doesn''t know what the right hand is doing and I have managed to prove this on several occasions to them and had compensation from them for thier incompetance but that was after enough was enough and I went to my local MP and he got involved :)funny enough I had a phone call the very next day from their investigations department and they couldn''t be more helpful :)
It is a pain in the arse dealing with them but ask to speak to the specific case worker they are the only ones that truly know what is going on.
I feel your pain and wish you luck!! xxx

  • Child Maintenance Options
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07 Sep 12 #354477 by Child Maintenance Options
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Hi

Thank you for your question. This sounds like a pretty complicated situation, and unfortunately we can''t look into individual cases here. All I can suggest is that you contact the CSA again to discuss your case with them. You can find contact details on any letter the CSA have sent to you. Or, you can find the right number here: www2.dwp.gov.uk/csa/v2/en/contact/index.asp

For more information about child maintenance you can visit www.cmoptions.org, or if you''d prefer a confidential chat you could call the child maintenance Options team on 0800 988 0988 (free from a landline).

  • WYSPECIAL
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07 Sep 12 #354479 by WYSPECIAL
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Does he pay you the assessed rate directly or via the CSA?

If he has requested a change of circumstances review then they backdate it to the date it was requested. As it can take them months to deal with there is a chance that arrears or overpayments can occur.

As regards only being able to request a CoC review every 24 months that is Absolute nonsense and a good example of why you should insist all communication is in writing.

  • Livingstone63
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07 Sep 12 #354496 by Livingstone63
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Hi,

You are so right, I tried to complain last time he reclaimed a supposed ''overpayment'' which I still dispute, and after two months, and me chasing their reply, they conveniently told me they had lost all the info and could I resend my complaint. At that point I gave up the will to live with them - as you have stated its like dealing with idiots - I am an intelligent woman and I find they reduce me to tears of frustration whenever I try to talk with them - Their stock phrase whenever I have had to chase my money has been ''Well, we tell people they should never rely on this money'' , which is the most ridiculous thing I have ever heard!!

I may now try again for compensation, plus ask them to lengthen the timing, I didnt realise that was possible. Thanks for the MP tip too - I am in the process of sorting my financial settlement an am hoping to get inflation built in to cover him getting pay rises etc.

Good luck with yours too and thank you xx

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07 Sep 12 #354498 by Livingstone63
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THanks, they are slow to pay and then quick to reclaim I find! I will write a letter and send a complaint this weekend I think, and see how it goes!

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