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ReadyLaw
ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 1337
Experience:  Adjunct Lecturer at University of Technology
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In my decree absolute my x was held too pay £250 per month

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Hi, in my decree absolute my x was held too pay £250 per month maintenance balenced by having the children 3 nights day a week, at the time it was well below gov recommend payments, since then (5 years he has not had the children more than handful of times broke other financial commitments laid out and decided too stop paying maintenance although Son was officially still in education. Because from all this I am in terrible debt, he refused too talk too me about it so I went too csa feeling I had no choice and that as he had broken the decree I had right too, he has taken quite nasty steps too try and not pay e.g. trying too have his son kicked off his course, appealing too court too change payment, storming into my house in invited and illegally too ‘tell me too change’ what the csa asked for and now enlisted a solicitor too come too an agreement or he will go too original decree and pay the £250 again. I feel he owes me his half for all nights didn’t have the children plus what csa decided as he broke the agreement. Where do I stand in this please
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not as yet, the csa have carried everything so far including his appeal to have their payment revision reduced, which they up held and he lost the appeal for a reduction. X
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Ipswich county court held the appeal but it is a private solicitor he has now gone too and saying I I don’t personally reduce his payment he will go by original decree, can he do that or does the csa payment stay enforced please x
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am still a single mother and terminally ill, so am reliant on Benefits and maintenance he earns around £6,000 a month and was told he should pay £900 per month x

Good day your question has been forwarded to me to see if I may be able to assist

Is there a matter currently before the court in relation to this ?

Customer: replied 3 days ago.
No , he it an appeal too the court about the amount he was asked too pay by the csa, but they up held their original decision. He has now gone to a private solicitor and ask for me too reduce the payment or he will get the original order re started, my question is, can he do this and stop paying what the csa have ordered him too when he was the one who broke the agreement forcing me too seek their help ? X

Thanks for the clarification. For now he is required to pay the amount that has been told to pay. If he fails to pay this you should report it to the CSA immediately. They are able to take steps to have it enforced, which may include taking money directly from his salary. You would be able to get all unpaid maintenance money

 

He may also make an application to the court to vary the maintenance amount that is currently in place. He would however be required to demonstrate to the court reasons why the amount should be changed. He would not be permitted to simply change the amount on whim. He would be required for example to demonstrate that his circumstances has changed so much that he would not be able to afford the amount he has been told to pay.

Hope I clarified things for you. Kindly let me know if I may be of further assistance.

Kindly take the time to indicate your acceptance of the answer given. You may do this by clicking on the stars at the top of the page.

 

All the best

RL

 

 

 

Customer: replied 3 days ago.
Thank you, so as he broke the decree absolute and I went to the csa he cannot apply revert back too the decree absolute where he only paid £250 per month? X

You are welcome, happy I was able to help. He may apply however it’s highly unlikely that the court would revert to the £250 that he previously paid?

 

Customer: replied 3 days ago.
Thank you so much, you have helped tremendously, it’s been a great worry as he has messed me about with this maintenance for 5 years now and left me lots of debt. But I’m running out of energy battling . Many thanks, I will apply for for back payments as you mentioned. Take care x

You are welcome. Happy I was able to help!

ReadyLaw and 3 other Family Law Specialists are ready to help you
Also, I'll check back in with you in 4 days on 3/30/2020. I can also answer any additional questions that may arise. Don't worry, there's no additional fee for this follow-up.
Customer: replied 3 days ago.
Bless you thank you so much x

You are welcome and all the best!