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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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HI WHEN I GOT DIVROCED IN 2004 I WAS PAYING £500 A MONTH MAINTENANCE

Resolved Question:

HI WHEN I GOT DIVROCED IN 2004 I WAS PAYING £500 A MONTH MAINTENANCE FOR ONE CHILD WHICH WAS AGREED IN THE COURT/DIVORCE SETTLLEMENT WHICH WAS PAID IN CASH. MY COMPANY WENT INTO LIQUIDATION IN 2005 WHERE I WAS MADE BANCKRUPT. I COULD NOT AFFORD THE ABOVE AMMOUNT SO I STARTED TO PAY £250 PER MONTH WHICH WAS BEING PAID BY CASH TO MY EX WIFE. I WAS LATE PAYING HER BY A FEW DAYS ONE MONTH AS I WAS WORKING AWAY AND COULD NOT GET THERE IN TIME,SO SHE WENT TO THE CSA AND I WAS ASSESSED AND THEN HAD TO PAY £200 PER MONTH BY DIRECT DEBIT WHERE I HAVE NEVER MISSED A SINGLE PAYMENT. SINCE THEN SHE HAS TAKEN OUT VARIOUS LOANS AND HAS GOT HERSELF INTO FINANCIAL TROUBLE. SHE IS NOW SAYING THAT A SOLICITOR WILL BE CONTACTING ME FOR THE ORIGINAL AMMOUNT OF £500 PER MONTH,DOES THE CSA AGGREMENT OVERRULE THE COURT DIVORCE SETTLEMENT. REGARDS TIM.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question I shall do my best to assist you
The CSA are correct - from the date of their assessment the Child Maintenance part of the original Order was discharged.
It is now too late for her to recover the arrears that accrued before the assessment was made.
She would need the permission of the court to do so and it is unlikely to be granted
I hope that this is of assistance - please ask if you need further information
Claire
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