A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Child & spousal maintenance

  • redwine47
  • redwine47's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
02 Jul 12 #340466 by redwine47
Topic started by redwine47
Stbx & I had private arrangement regarding above. As stated in previous post he stopped all of this recently. I informed my legal team who are writing to his legals.

In meantime my ex has now informed me has cancelled our joint Standing orders & will be paying some joint bills directly... not specified what etc & some bills are in my name. He will only correspond through solicitors.

My question is should I get a more formal agreement set up re cm & sm? and can I not receive an allocated sm amount and pay bills/child costs etc directly myself as never sure when he may decide to change how much he pays or stops paying & changing payment arrangements. This has been ongoing for 2 years.

Ps we are going through court re financial settlement. Although I am on legal aid , I am worried that this further problem will add to the escalating costs...which I will no doubt have to pay out of any settlement.

  • jellybean78
  • jellybean78's Avatar
  • Senior Member
  • Senior Member
More
02 Jul 12 #340502 by jellybean78
Reply from jellybean78
Go directly to csa ASAP for child maintenace as they only start calculations from the day you phone them.

  • redwine47
  • redwine47's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
02 Jul 12 #340507 by redwine47
Reply from redwine47
I did contact csa who can do this no problem but said it would be the minimum amount based on stbx salary... as my child has extra fees re school etc....they suggested do through the court but I suppose this will cost...?

  • jellybean78
  • jellybean78's Avatar
  • Senior Member
  • Senior Member
More
02 Jul 12 #340510 by jellybean78
Reply from jellybean78
I would start by at least getting the minimum through the csa first...after a year the csa over rules court orders I''m told... Maybe someone more helpful than me could give you more info on that one... But for now, I''d be protecting myself and ensuring at least the minimum cm is being paid.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
02 Jul 12 #340533 by Fiona
Reply from Fiona
Do you have a written agreement? A written voluntary child maintenance agreement can be worded in a way that it *may* be enforced by the small claims court.

Unless you are desperate I wouldn''t rush to involve the CSA just yet until you see the response to your lawyers'' letter, and/or attend your next hearing if it isn''t very far in the future. CM and the payment of school fees can be *agreed* as part of the overall divorce settlement and documented in a Consent Order. When there is SM a consent order can be worded in such a way that there is no point in involving the CSA later.

  • redwine47
  • redwine47's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
02 Jul 12 #340547 by redwine47
Reply from redwine47
Fiona, I have no formal agreement set up with STBX. I have contacted CSA today and they have said the same, best not to involve them , if a Consent Order can be set up re extra expenses.

We do have a hearing date in September but to date STBX is being uncoporative, so I am not holding much hope. He has reduced the cm/sm from 1200 per month to 380 of his own accord, I may now have to remove our child from his school as we will not be able to cover expenses.

I will await my solicitors advice re these circumstances but was trying to avoid adding to my legal aid bill. As STBX is continually causing these unnecessary problems can I request that he should cover these extra legal expenses?

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
02 Jul 12 #340570 by maisymoos
Reply from maisymoos
Redwine

Have you used the CSA online calculator? If it works out at more than he is paying you I wouldn''t hesitate in applying (you can apply online). They will not backdate so the sooner you do the better.

I wouldnt be surprised though if the £380 is the amount of CM due and he has worked this out?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11