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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I have been divorced 12 years. Arrangements have

Customer Question

I have been divorced 12 years. Arrangements for children have been via a 'statement of arrangements for children' that was incorporated into the process when I filed for divorce. In the statement it says that their dad has to provide 25% of his net income to the children until they are no longer in full time education.
He is now saying that the statement is not legally binding and although he has received a significant payrise, he is refusing to show me his p60 and has stuck to an arbitrary figure which he thinks is fair. I don't agree.
My questions are, 1) Is the statement of arrangements for children legally binding?
2) can I just apply to the court for an attachment of earnings if it is?
Thank you
Rachael
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Clare replied 2 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.
For clarity was the financial agreement ever set out in a Financial Order and sealed by the Court?
How old are the children now?
Clare
Customer: replied 2 years ago.

Hi Clare,

Yes, the financial agreement is within our statement of arrangements for children, which has been stamped by the court as part of our divorce.

The children are now 21, 19 and 12.

The agreement states that he must pay child support at the specified percentage of his net income until the children are out of full time tertiary education.

The 21 year old is no longer in full time education so obviously the percentage needs to be pro rata minus her allocation.

The 19 yr old is in full time education and will be for three more years. She is also severely disabled.

Thank you for any advice you can offer.

Rachael

Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
What form of Education is the 18 year old in?
Clare