[Solved] Change in Circumstances

Hi

I've just done a quick calculation and at 3% inflation per year, I come to about the same figure that your ex has arrived at. As their is a court order, I would say that she probably is correct in saying that she can claim the arrears, but it's worth having a word with the Citizens Advice Bureau to see if they can give further advice on this - she would have to go back to court to have this enforced I believe as the CSA are not currently involved as I understand it.

If you think that your payments with the CSA would now be about £240 (the basic calculation is 20% of takehome pay), you could suggest that you will pay this, plus an additional £80 per month to start to clear the arrears. She has the choice to reject this, but if she goes back to court, and you have offered to pay this (and hopefully started to pay it), a court may be a little more sympathetic to your case if you are seen to be repaying the debt.

Thanks for your advice 'actd'.

I have been back to the CSA & they advise that even though a consent order was made on the £320/month this is still open for review after a year (& each year after) when a change in circumstances occurs.
Just for clarification 'actd'..... if I had applied for a change in circumstances back then(2006) I would have had to pay approx. £80/month the first year then £100/month 2nd year & so on until this last year I'd be up to about £240/month.

Would your advice still be that the courts would make me pay the interest on the £320/Month? It's also worth bearing in mind that my ex wife left me for another man, She now lives in a very large house with field/paddock and is still not working full time, though both children are at secondary school. Also, I do have the kids for more than the 104 nights/year that should mean the monthly payments come down further (But I've not added this into the CSA calculator, so that it gives a more generous figure)

Any further thoughts would be very much appriciated, before I try and reslove this.
Thanks :0)

I really do want to keep our solicitors out of this and will be talking to my ex wife about the matter in a few days.

I'm not sure if the courts would expect you to pay interest in a family case, and they may be a little more sympathetic with your ex's circumstances, but there's certainly no guarantee as the parent with care's financial circumstances are totally irrelevant when calculating maintenance through the CSA. Ultimately, it's down the to the court on the day, but if you are seen to be acting reasonably and accept that the debt exists and that you are doing your best to repay, the courts are more likely to look favourably on your argument. Would still be worth contacting the C.A.B for a legal opinion on this.

Thanks again 'actd'.
I will contact the CAB and post another 'response' soon...I hope!?

You do seem convinced that my 'change in circumstances' in 2006 will not be considered? In round figures, my income dropped from £35k to £6.5k &, at that time, I made the decision not to alter my monthly payments & formally notify this change for the reasons outlined earlier. What if i was a pianist & had my fingers chopped off? Would they still be expecting me to 'catch-up' on all the lost interest now that I'm making £20k as a drummer? :0( Just a thought?

The reason I don't think your change in circumstances will be considered is simply because you didn't notify the CSA - if you'd have do so, then it would have been different. The CSA generally calculate a change, whichever way it is, from the date they are notified about it. If you ex hadn't claimed maintenance through the CSA at all, and then decided to do so now, the CSA wouldn't claim maintenance from you since birth, only from the date the claim was made - it works both ways.

Hi 'actd'. Thanks again for a quick reply.
I guess I may just have to bite the bullet and pay the 'lost interest' as I do not want to go down the route of fighting through solicitors!
However, she does still want current maintenance to increase (without going back through the CSA) so I guess I'd better notify them asap. This, however, will mean the monthly payments drop from £320 to £196/month so her short term gain will, I think turn into a long term loss.......unless I earn lots more money over the next couple of years!?

I think that it's sensible not to use solicitors, the fees would outweigh any possible gain, and probably simply compound your loss. It's always worth keeping the CSA up to date, or at the very least, if you get a pay increase, then any extra you would pay the CSA, pay into a savings account in case they get you for the arrears, and if they don't, you can give the savings to your children later on in life.