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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34471
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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I got divorced last year - by mutual agreement my then 14 year

Customer Question

I got divorced last year - by mutual agreement my then 14 year old son was to live with his father and my 19 year old daughter to live with me. My ex agreed that we would each support the child living with us. The consent order (23.09.13) did not include any maintenance payments. I remarried this year - my ex has still not supplied the information for the pension share to be arranged. Today he has stated that he is going to the CSA unless I make weekly payments to him. Can he do this when he is ignoring the agreement we made in order to approve the consent order ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is your 19 year old currently doing?
Clare
Customer: replied 3 years ago.
Morning Clare ,
My daughter is now 20 and in full time employment. She is not able to support herself financially - she does not earn enough. She contributes towards her food bill. When we were drawing up the consent order - the first draft stated that I would pay half of my sons school fees. He was permanantly excluded from the school so this was taken out - the ex stated he did not want any money from me. Currently I buy all his clothes and shoes and save each month for him. Can he now ask for maintenance when it was not the basis of the consent order. He does not need the money - it is a punishment to me for getting remarried.
Expert:  Clare replied 3 years ago.
Hi
How old is your son now and what is he actually doing at the moment?
Clare
Customer: replied 3 years ago.
Hi Clare ,
My son is now 15 and in a form of full time education. He is currently on bail for assaulting me. He is to receive a youth caution on the 30th july. It is due to his behaviour that he does not live with me.
Expert:  Clare replied 3 years ago.
Hi
I am afraid that your ex is indeed entitled to apply for Child Maintenance - and the figure will be 12% of your GROSS income
This is irrespective of any agreement that you made - and you have no claim as your daughter is over 18 and not in full time secondary education.
I am sorry - I know that this is bad news but sadly there is no way around it.
You can of course apply to the court to enforce the Pension Sharing Order - that is a separate matter entirely
Please ask if you need further details
Clare