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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex husband has stopped paying the agreed amount of

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My ex husband has stopped paying the agreed amount of maintenance for our children as he has given up work. Am I able to put the equity owed to him from the sale of our house together in to a fund for the children upon completion of the sale? Divorce agreement states he's owed a % from the sale but also states he will pay a monthly amount for child maintenance?

Hi, thank you for your question. Just a bit more information required to fully assist you:

-What are the terms of the divorce agreement?

-Was the agreement made by consent?

-Was this approved by a court, if so when?

-Is child maintenance made under terms of a formal child maintenance assessment or a voluntary agreement between you?

Customer: replied 1 year ago.
HiHopefully this will answer your questionsIt is agreed that he will pay a fixed monthly sum each month until the children leave full time educationYes I believe it was made by consent ie we both agreed and signed the paperwork?Yes, approved by a family court in October 2014It is a voluntary agreement so he pays by a fixed SO

Thank you. As the settlement was made by consent, the child maintenance agreement in the order can be reviewed after 12 months by either of you applying to the Child Maintenance Service for a reassessment and their calculation will take precedence over whatever agreement you reached regarding child maintenance.

Furthermore, the settlement regarding equity, property or lump sums cannot be varied and will be binding on you.

Therefore, if his income has decreased then he is within his rights to ask for an assessment by the Child Maintenance Service regarding his child maintenance payments - however, until he has done this the agreement that is contained in the order remains standing.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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