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Hi all, I'd value some opinions on my current issue
From this month's maintenance payment I netted off an amount owing for our son's activities. She had agreed to pay half in September 2016, and despite repeated requests she just didn't pay. During that time I paid both children's subs along with 2 further activities that she refused to co-fund. She's threatening to take me to court citing 2 reasons:
1.I pay her mid month as I always have done pre and post consent order, but the consent order states the 1st of the month. In effect, she is seeking a second payment in 1 salary period.
2. She is stating that the maintenance amount is sacrosanct and irrespective of the fact that she owes me money, I can't net this amount off (she did permit me to net off a smaller amount last year when I had purchased shoes for the children)
It's frustrating and upsetting as I feel that I pay consistently and go over and above to ensure the children have nice things, however she feels she can dictate terms on every topic
Thanks for taking the time to read and your opinions welcome....
Hi There,
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I guess legally speaking if she owes you money then that wouldn't be in the same respect as the maintenance payment, so although the simplest way to resolve the debt would be to do as you have done, it shouldn't be done that way.
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If you were paying through either CSA or CMS then they wouldn't accept that way of working things out.
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If she wants paying at the start of each month then I can't see that you would need to then still pay mid month as that isn't in the order, so you would just be changing the payment date surely?
.
GTTS
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