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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband and I were divorced in 2008 and a court agreement

Customer Question

My ex husband and I were divorced in 2008 and a court agreement was reached saying my ex husband should pay £200 per child per month until they had finished their further education. From their 19th birthday the money should be paid to them direct. The agreement did not involve the CSA and future payments should be calculated using RPI. This arrangement worked for my eldest child now 23 (born 25.9.1990)and payments to him stopped the month he finished at Leeds Uni. The amounts however, never changed. They were still £200 per month when they stopped in June 2012. My second child left school this summer and starts at university at the end of this week. He was born on 19.2.1995 so he is not 19 until next February (I have no argument with him being paid the money direct however)My ex was paying just the £200 per month to me into my bank account. These payments stopped in July. My son then expected payments to continue into his own bank account, details of which he gave to my ex. Despite several polite requests, no payment was made until today. This payment was for £200. The month of August was missed completely. I have just paid £3,600 to cover Alex's first year accommodation fees. I feel my son deserves to get the August payment and also a rise in the amount he gets, to keep the payments in line as agreed with the courts in 2008 with the RPI. How do I go about this? My ex-husband refuses to speak with me directly and any approach I have made in the past is met with abuse.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Claire and I shall do my best to help you but I need some further information first.
have you worked out how much he should be paying?
Claire
Customer: replied 3 years ago.

The court stipulated he should pay £200 per child. (My eldest child no longer receivs a payment as he is not at uni now). This amount has not changed since 2009. I have used an online RPI calculator and this states £200 per month in 2009 should now be £236 per month. We did not go down the CSA route at the time but there was a court agreement. I have no idea of his current salary so cannot calculate what 15% of his salary is

Expert:  Clare replied 3 years ago.
Hi
This remains your Order and you are the only one who can apply to enforce it
Your enforcement options are set out here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
but do NOT ever apply to Register the Order at the Magistrates Court.
It is not likely to be worth while to apply to increase the maintenance - the link with the CSA is no longer valid as the CSA payments woudl now have stopped
I hope that that this is of assistance - please ask if you need further details
Claire

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