Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi,
I have a separation agreement with my wife which stated she got all proceeds of the sale of our house over £100k and I also pay £700 per month for our two girls. The maintenance amount is due to be reviewed this month and is based on my annual earnings. I have advised her that because my wage is now over 30k less per year I can only afford to pay her £400 per month. She says this is not enough for her and that until we agree a fee I have to keep paying the £700 per month or she will get the money from me through the courts. The girls stay with me two nights every fortnight. £400 per month would still pay her current mortgage. Can she do what she is threatening to do?
Hi,
She can go to CMS and ask them to get involved. From the day she registers with them, legally you need to make the payment as per their calculation. My suggestion is call them and provide your income details; they'll provide the correct amount you need to pay legally. As far as you pay that amount, your wife can't take more money from you. Note, CMS can not back date the maintenance payment.
Another tip is, make sure you make all the payments though bank transfer, so there is a record.
I hope this has helped you.
CMS Calculator states £388 per month I should be paying.
So are you saying she wont be able to seek the balance through the courts if I pay her £400 next month?
Legally you have to pay £388, on what basis she can claim more ? even my ex did the same, in the county court she raised this issue, the Judge ignored it and said to take it up with CMS. From what you have said you do not have to pay more.
We have a separation agreement which states £700 per month but it is up for review this month and is based on my annual salary which has reduced by more than £30k so I have said I can afford a max of £400 per month but she says she thinks £700 is a fair amount but will settle for £550 per month. she says i need to keep paying £700 per month until we agree on an amount and if i don't she will get the balance from me by getting my wages arrested.
£400 pays her mortgage each month and a bit extra.
I could be wrong but I don't think a separation agreement is legally binding. If it is and there is a court order in place to pay £700pm, once that order has been in place for 12 months the CMS can override it.
Get some legal advice to ascertain if your separation agreement is legally binding, some solicitors offer a free intiial consultation, or the CAB might be able to advise you.
I would advise you to open a case with the CMS yourself, either parent can do this. Start putting away the calculated amount, or discuss with the CMS how you can pay this to the mother so that it can be taken into account that it has been paid. Paying by standing order and referencing each payment as child maintenance, with names of children and date it covers.
Only a court can arrest your wages, or the CMS, if you are in arrears of maintenance.
The calculated amount of £388 is the only amount you have to pay, anything above that is purely discretionary. That said, once the payments are reduced, she may stop overnight contact and get an increase that way....at the very least it will put a strain on your parenting relationship.
Good luck
Hello mosher11
If your separation agreement is legally binding, you may need to seek some legal advice.
Usually, when maintenance is set up via the courts, it is put onto a Consent Order which can be amended by either party after the first 12 months.
It can also be taken over by the Child Maintenance Service after 12 months. So if you are not happy with the amount you are being asked to pay, you could ask them to calculate it for you.
If you would like more information about the Child Maintenance Service, the other options and to receive a more personalised service, 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
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.