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Periodical payments

  • maisymoos
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15 May 12 #330778 by maisymoos
Topic started by maisymoos
My ex is refusing to pay periodical payments on the date specified in the court order saying he needs to pay them at the beginning of the following month. What do I do? Is it worth going back to court over? I feel the date given should be adhered to, he already owes me a lot of outstanding CSA payments due to him trying to create his own rules and I am now very reluctant not to insist the court order is followed to the letter.

  • TBagpuss
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16 May 12 #330848 by TBagpuss
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what is reason for asking for the change? If he is now getting paid on a differnt day of the month, or is struggling because his pay has not always cleared then if it goes back to court the court may agree to change the payment date in any event.

It may be worth writing back to say you will consent to the change but on the basis that (a) when he makes the change, he pays you in advance not in arrears (e.g. if he currently pays on the 15th, in the month of the change over he would pay you a 1/2 payment on 15th to cover 15-30 of that month, then pay again on 1st to cover the 1st - 31st of the new month)
(b) that he agrees to ischarge the arrears - suggest arealistic way he can do this - eg paying an additional £x each month until the arrears are cleared
(c) state specifically that you are prepared to agree to the change on the strict understanding that he makes the payments in full, on time, evey month, by setting up a standing order, and that in the event that there are any missed or delayed payments you will be immediately returning the matter to court to enforce the original order.

That way, you avoif having a potentially costly hearing now (which may well result in a change anyway0 but you also have the opportunity to set some boundaries.

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16 May 12 #330882 by maisymoos
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Thank you very much Tbagpuss your advice is sensible and possibly an approach that would work for many people

Although after this mornings events I have a feeling I am going to be back in court anyway. My ex seems to have a great problem interpreting the Court Order and I have just found out that he wrote to the CSA requested them to cancel my case! Thankfully he could not do this unilaterally!! He seems not to understand that the first payment for SM is due on the payment date specifed in the Court Order and not the same date the month after. There is a lot of history here and he already owes me £3K in CSA payments, so I am so reluctant now to agree anything outside the Order. I have been bitten before by trying to be reasonable and unfortunately trusting he would pay what he should. :(

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