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Morning all.
Back in February my divorce came through, followed by a court order for maintenance (at an agreed amount) of £300. I was happy to pay this as I had only just started house sharing with a friend, and my son wasn't staying over with me at the time.
By April he was more than happy and staying over twice a week so told my ex I didn't see the £300 as fair and reduced it to £250. She agreed and no more was said - until late December when I received a solicitors letter saying I was total of £400 in arrears, how did I intend to pay it up, and increase it back to £300?
Yes, yes... I know when agreeing on £250 I should have had a new court order written up, but I was naive and didn't.
The question is.... Given the fact, that as well as the £250 standing order, I also pay half his school trips, trainers, clothing etc - and always do this by direct debit, with the reason in the bank 'subject' for transferring funds into my ex's account (as proof).
Will this money paid be taken into consideration if it goes to court?
Thanks in advance for your help
Hi There,
when a court order is written the court rule for finacial arrangeent for child maintenence stands for 12 months, if you have paid additional for school, and clothes then the court will (Iwould think) see that as voluntary contributions towards your childs living costs.
I would have a very strong suspicion that you will be ordered to pay the shortfall unfortunately and keep the payments at £300 until 12 months have passed since the order was placed then you could go through CSA/CMS for a calculation.
GTTS
Hello Kleg
As you agreed to £300 in the original court order, it is likely that you would have to pay the shortfall. You would need legal advice to confirm this. As mentioned, once the order has been in place for twelve months, you can then look at other options such as the Child Maintenance Service or maybe a family-based arrangement.
If you would like information about the options available, you can contact Child Maintenance Options directly, http://www.cmoptions.org.
The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William
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