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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1158
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am divorced with a legally binding separation document.

Resolved Question:

I am divorced with a legally binding separation document. This states that a Periodical Payment Order for our 2 children is made persuant to a written agreement netween the parties and shall remain in force until such a time that CSA or its successor shall issue a child support assessment of further orderof the court whichevev shall first occur.
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Customer: It also states that BY CONSENT IT IS HEREBY ORDERED THAT: £150 each month will be paid for each child until reaching the age of 18 or end their full time tertiary education to the end of the first degree course whichever is the later. Initally my husband would only pay £200 as he wanted to reduce the payments by £100 for the cost he had to pay for dinner money (this is a joint custody case, and I also paid for dinner money!)and did not pay at the agreed time, I still have to issue a reminder on occasion (he is a management accountant). Therefore I involved CSA after a few months to resolve this. CSA are now going to incur costs if this is still managed by themselves from Sept 2016. My ex-husband said that we should now set up an account for the children that we both pay into to pay for clothes etc, although I am on quite a low pay in comparision. I would like advice as to whether he still has responsibility to pay these payments direct to myself due to the stipulations in the agreement above, or because I involved CSA is this now not binding? I would really appreciate advice.
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Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

From the description that you have provided - it is my understanding that you previously had a court order in respect of the matrimonial finances that included a provision for child maintenance.

If the order was made post the 03 March 2016 then either party can opt out after a period of 12 months and apply to the Child Maintenance Service (new name for CSA) instead. I am presuming that your order was made after this date as you have already taken the step of reverting to the CMS.

You cannot therefore seek to enforce the order in respect of the element relating to child maintenance as you have opted out.

It is correct that the CMS will charge fees if their collection and payment service is to be utilised.

To avoid the fees, it can be agreed the the monies that the CMS have calculated should be paid to you by the father can be paid directly to you to avoid these fees, if you are confident that the father will pay. The father will have to pay you this directly and cannot demand that you also have to pay money into a certain account.

Let me know if I can help you further

Kind Regards

Caroline

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Customer: replied 1 year ago.
The acteal solicitors agreement was signed in 2012, it was 3 months after that I had this assessed by csa. The original separation agreement stated that this would be paid until the end of their degree course would this still be applicable in this case? My concern is because of my intervention through csa this may be now void, or would this still be his legal requirement for the initial stipulated terms
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Can you clarify for me - was the agreement actually sent to the court and sealed (stamped) by the Judge as an order?

Kind Regards

Caroline

Customer: replied 1 year ago.
the agreement titled 'consent order' has the stamp of the county court and has been signed by petitioner, respondent and respective solicitors.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for clarifying that for me.

As it stands - although you shouldnt have reverted to the CMS prior to 12 months after the order was made - the reality is that 12 months has now passed and therefore the opt out position still remains and you would not be able to seek to enforce that part of the order.

Through the CMS maintenance is to be paid until a child reaches 21 - unless they start advanced education - which is a university level course. Maintenance would stop at this point.

You do have the option - at the stage of your children starting university - for them to make a Schedule 1 Children Act claim at that point - for their father to provide them with financial support whilst they undertake their university education.

Let me know if I can assist you further

Kind Regards

Caroline

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ukfamilysolicitor and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you that's really helpful
Expert:  ukfamilysolicitor replied 1 year ago.

glad I could help

kind regards

Caroline