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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have custody of both my daughters and the agreed maintenance

Customer Question

I have custody of both my daughters and the agreed maintenance of £932 was agreed in my divorce, my youngest daughter wants to have a few weeks with her dad, she has been there for 3.5 weeks. He has now halved my money without talking to me. i understand he has costs but this is a temporary situation which my daughter requested.
I would like to know if he is allowed to do this, we normally have a very good relationship and i am very surprised at his action. After trying to resolve this I am no further forward and would like to know where I stand legally.

The terms agreed in the divorce settlemment was that he would pay for the girls until they left full time education. they both are.

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question I shall do my best to assist you but I need some further information first.
How old are the children and was the Maintenance detailed in a Financial Order which was agreed between you but them submitted to the Court for sealing.
How long is your daughter likely to be staying with her father?
Customer: replied 4 years ago.

The girls are 14 and 16, the maintenance was agreed in the Child Custody paperwork that was sent as part of the divorce, this specified where the children where staying, what visitation rights were in place, and what maintenance was going to be paid. My ex husband has the girls two nights, we normally have a very amicable relationship. I have no problem with helping him financially while the youngest gets over her issues, we have no idea of time scale, initially this was a teenage tantrum, she wanted to have a few weeks with daddy to cool down, I will speak to her to determine the time scale in her had. My problem is that I struggle with money and to lose £466 in one hit is rather tough especially without any notice! My question is he allowed to just stop my maintenance like this?

Expert:  Clare replied 4 years ago.
Was a financial Order ever actually made?
How much does your ex earn?
Customer: replied 4 years ago.

no just an agreement on the child custody form


he is elf employed it varies from 35-55 thousand

Expert:  Clare replied 4 years ago.

Then I am so very sorry but the Maintenance that was agreed is not enforceable and sadly he can indeed simply stop paying that amount.
If you cannot agree a payment then your only option is to apply to the CSA for an assessment to be made.
He will have to pay 15% of 85% of his net income if he argues that the other child is now resident with him - or 20% of his net income if he accepts that that is temporary.
This figures will change slightly later this year
I appreciate that this is bad news - please let me know if you need further clarification
Customer: replied 4 years ago.

thank you Claire



Expert:  Clare replied 4 years ago.
You are welcome - I wish the news had been better