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MOA and Maintenance Payments

  • Bob15
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08 Nov 11 #296850 by Bob15
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MOA agreed and signed this year and now divorced. In the MOA it states how much I will pay as maintenance for my children. I am reading that, after 12 months, the maintenance payment can be challenged by my ex and they could go down the CSA route, even though payments are a lot more than what they would calculate.

Is this true? Is it only valid for 12 months?

Thanks

  • rubytuesday
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08 Nov 11 #296855 by rubytuesday
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The clause relating to CS in the separation is indeed only enforceable for 12 months, the remainder of the SA remains legally binding for an unlimited period of time.

  • Fiona
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08 Nov 11 #296883 by Fiona
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child maintenance in a Separation Agreement is enforceable until it ceases to have any effect. Either party is entitled to apply the CSA 12 months after the date the agreement was registered. Two months later the clause relating to child maintenance is nullified and only then is it not enforceable.

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08 Nov 11 #296884 by Bob15
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Thanks. Where does it stipulate 12 months? Cant see anything in the MOA. Is it in the Family Law act, referred to?

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08 Nov 11 #296885 by Fiona
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Somewhere in the reams of child support legislation, rules and regulations.:(

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08 Nov 11 #296897 by Fiona
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(10) No application may be made at any time under this section with respect to a qualifying child or any qualifying children if–

...... 8(aa) a maintenance order made on or after the date prescribed [3rd March 2003] for the purposes of paragraph (a) is in force in respect of them, but has been so for less than the period of one year beginning with the date on which it was made;


s4 Child Support Act 1991 (revised)

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