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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1762
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter's father and I separated when she was 17 months

Customer Question

My daughter's father and I separated when she was 17 months old. We didn't go to court to agree the amount of child maintenance he should pay, but used solicitors instead. A drawn-up agreement was then signed by both of us in the presence of our solicitors stating that he would agree to pay £460 a month maintenance until our daughter was 18 years old. Her father duly paid this amount every month until our daughter was 17 years old, and then for the last 12 months prior to her leaving school (whilst she was doing her A-Levels) he took it upon himself to reduce the amount to £312 a month, without consulting me and without any new legal agreement being drawn up and signed by both of us stating that the amount of child maintenance could be reduced. Can I claim for the loss of maintenance?
Submitted: 24 days ago.
Category: Family Law
Expert:  Harris replied 24 days ago.

Hi, thank you for your question. Unfortunately, as there appears to only be a voluntary agreement between you and not a formal child maintenance calculation you have no option to enforce and claim back any "arrears" since the reduction. If you believe his liability is higher than £312 per month - which is calculated based on his gross income and how often she stays overnight with him you can apply to the Child Maintenance Service for an enforceable calculation. If you provide me his gross income figure and how many nights a week, on average, she stays with him I can inform you of his legal liability.

In the meantime if you found my information provided helpful please could you rate my response positively using the stars at the top as I will not be credited for answering your question without a positive rating. Thank you

Expert:  Clare replied 24 days ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

My colleague has given you sound advice - you cannot claim the monies as Child Maintenance.

However if the agreement was well worded then you MAY be able to make a claim using the Small Claims Court and relying on the signed agreement as a Contract which your ex has breached.

There is no guarantee but this could be successful

Expert:  Harris replied 23 days ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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