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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 905
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I had a agreement written up with my solicitors stating

Customer Question

Hi I had a agreement written up with my solicitors stating I would pay my ex £xxx per week for child maintenance . she agreed and signed it in front of her solicitor and I did the same.if I go back on the arrangement and can no longer give her as much what can she do about it?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello,
Thank you for your question.
Please could you provide me with further information :-
1) was the agreement sealed by court as an order?
2) if yes, when was the order approved?
Kind regards
Customer: replied 2 years ago.
No it wasn't, nothing has gone to court.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello,
Thank you for your response.
If the agreement was never approved by the court then it is a family based arrangement and therefore not legally binding. Your ex cannot therefore seek to enforce any such agreement through the courts.
If you can no longer afford the agreed payment you should inform your ex partner and make proposals in relation to what you can afford.
It is worth considering using the Child Maintenance Sevice website tools such as their calculator to give you an idea of the amount they calculate you should pay.
Your ex could apply to the CMS to collect payments if you can't agree between you.
Your ex could also consider making a schedule 1 children act claim for financial provision for the child.
Kind regards
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
I would be grateful if you could rate my answer.
Kind Regards
Caroline

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