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Changes to maintenance after absolute

  • you think its all over
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26 Nov 07 #7757 by you think its all over
Topic started by you think its all over
My divorce was finalised over a year ago.

We both agreed on the statement of arrangements for access to the two children and a fixed sum for maintenance, which is more than I would be en­title­d to under the CSA rulings.

My ex has now stated that he can no longer afford the amount that we agreed even though he has been paying it for 5 years and it has never increased.

He has said that he will make one more payment of the agreed amount and then the next payment will be reduced by a quarter.

Can he do this?? Does the statment of arrangements hold any legal weight?

Thanks

  • attilladahun
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26 Nov 07 #7759 by attilladahun
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In this case am I correct that the issue of a financial settlement between you and your husband has been finalised and that the only outstanding issue is child maintenance.

In the event that he is not living abroad or his income is greater than say £70,000 a year then child maintenance will be calculated by the CSA.

If there was an enforceable agreement regarding child maintenance which could be in the preamble to a court order he would have to apply to the court by way of variation, however, after one year from the court order he could apply to the CSA for its formal assessment which would have the same effect as reducing the payments made.

It seems to me, therefore, was not a great deal can actually do about it.

Now if the financial settlement has not been concluded between you and your husband and in the event that he's income was considerably greater than yours e.g. he is on £70,000 a year and you on £15,000 a year if your rights to maintenance have not been dismissed then you would be entitled to maintenance in your own right. In those cases the court will often make a global maintenance order of the support of the children and yourself.

Sorry to be the bearer of bad news but at least you know your position!

  • you think its all over
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26 Nov 07 #7762 by you think its all over
Reply from you think its all over
Thanks

We had no other financials to sort, just the two children in an uncontested divorce with no involvement from solicitors.

The only agreement we had was via the statement of arrangements for the children, where we agreed on a monthly amount. He has been making these payments without fail before the divorce and ever since the absolute. The reduction he is proposing is solely due to him running up debts which he has incurred post divorce and during his new marriage.

The question I have is wether the statement of arrangements he agreed to when I made my prayer for divorce is enforceable? It has not been one year since the divorce was made absolute.

Thanks again

  • Monitor441
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26 Nov 07 #7764 by Monitor441
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Attillada. Can you explain about the £70K income limit as I didn't know the upper limit of income was at this level. I thought it was £2K net per week? Can you clarify please?

Thanks

Mon

  • Mike789
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26 Nov 07 #7765 by Mike789
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Hi everyone
What date was the statement of arrangements signed. If it was before 03 March 2003 you both could be could be barred from using the CSA, if one of you challage the application form as a written agreement is in place.

As the statement of reason is not a Court Order you cant use a variation order. In short unless you both agree to use the CSA you are stuck with what he pays or going back to court to get an order which in 12 months would allow you to go back to the CSA in the first instance. If you are forced to use the court route, you might wish to have a segal or connell order attached to it.

Hope that helps

Mike

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26 Nov 07 #7766 by you think its all over
Reply from you think its all over
Hi thanks for the info.

The statement of arrangement was signed less than a year ago when I completed my petition for divorce.

I don't want to have more money but he now wants to pay me less than he agreed to.

He is saying that he is going to start paying CSA rates which is a substantial reduction on what he pays me if I don't agree to the amount he suggests.

Can he just reduce the money he pays with out my agreeance?

  • Mike789
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26 Nov 07 #7767 by Mike789
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Hi

In a word yes under the circumstances you have explained he can just go to the CSA. Does he have any assetts over 65k (not including his current home).

Mike

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