How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I have custody of both my daughters and the agreed maintenance

Customer Question

I have custody of both my daughters and the agreed maintenance of £932 was agreed in my divorce, my youngest daughter wants to have a few weeks with her dad, she has been there for 3.5 weeks. He has now halved my money without talking to me. i understand he has costs but this is a temporary situation which my daughter requested.
I would like to know if he is allowed to do this, we normally have a very good relationship and i am very surprised at his action. After trying to resolve this I am no further forward and would like to know where I stand legally.

The terms agreed in the divorce settlemment was that he would pay for the girls until they left full time education. they both are.

help!!
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I shall do my best to assist you but I need some further information first.
How old are the children and was the Maintenance detailed in a Financial Order which was agreed between you but them submitted to the Court for sealing.
How long is your daughter likely to be staying with her father?
Claire
Customer: replied 3 years ago.


The girls are 14 and 16, the maintenance was agreed in the Child Custody paperwork that was sent as part of the divorce, this specified where the children where staying, what visitation rights were in place, and what maintenance was going to be paid. My ex husband has the girls two nights, we normally have a very amicable relationship. I have no problem with helping him financially while the youngest gets over her issues, we have no idea of time scale, initially this was a teenage tantrum, she wanted to have a few weeks with daddy to cool down, I will speak to her to determine the time scale in her had. My problem is that I struggle with money and to lose £466 in one hit is rather tough especially without any notice! My question is he allowed to just stop my maintenance like this?

Expert:  Clare replied 3 years ago.
Hi
Was a financial Order ever actually made?
How much does your ex earn?
Claire
Customer: replied 3 years ago.


no just an agreement on the child custody form


 


he is elf employed it varies from 35-55 thousand

Expert:  Clare replied 3 years ago.

Then I am so very sorry but the Maintenance that was agreed is not enforceable and sadly he can indeed simply stop paying that amount.
If you cannot agree a payment then your only option is to apply to the CSA for an assessment to be made.
He will have to pay 15% of 85% of his net income if he argues that the other child is now resident with him - or 20% of his net income if he accepts that that is temporary.
This figures will change slightly later this year
I appreciate that this is bad news - please let me know if you need further clarification
Claire
Customer: replied 3 years ago.


thank you Claire


 


 

Expert:  Clare replied 3 years ago.
Hi
You are welcome - I wish the news had been better
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)