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Reducing maintenance

Emzg

Hi all,

 

I am new to this site and was wondering if you can help me. My Ex pays me my maintenance each month which is fine and it is an agreement between ourselves. This month he has reduced it because he had our daughter for 1 week in the summer holidays. This has never been an issue before. Does he have the right to do this ? I am the main carer for our daughter and i am the one who has to pick her up because he doesnt drive from him. I am the one who still provides a roof over her head and food in her belly for when she gets home. I am a little stuck on what to do and could do with some advise. Please help Smile

 

Kind regards

Emma

Posted on: September 4, 2012 - 11:28am
rudimentary mary
Parenting specialist DoppleMe

Hello Emzg,

Welcome to One Space. I hope you're finding your way round the boards ok.

As your maintenance agreement is between your ex & yourself, I'm not altogether sure where you stand - I understand the point you are making though. Perhaps you could run your issue past our legal expert - I've posted the link here.

Mary

Posted on: September 4, 2012 - 4:08pm

Emzg

Hi Mary,

 

Thank you for your help and link much appreciated.

 

Regards

Emma Smile

Posted on: September 4, 2012 - 7:21pm

Tinkerbell2
DoppleMe

Welcome Emzg, i have had similar problems to this, myself and my ex also have a private agreement, one for contact and one for child support. My ex goes thou phases where he thinks he doesn't have to stick to the agreement and can pay whenever he wants even if this means not paying one month then making up the payment the following month which means I have to find the money for A's nursery fees. I contacted my solicitor and she said a "private Agreement" stands up in court and it's classed as good as a court agreement. 

Although you can't force him to pay the full amount if the issue got worse the courts would most likly make him stick to the agreement.  He should of told you if he was going to reduce the payment & given you notice.  Maybe suggest to him that if he wishes to do this in future you can have more notice & a reason to why.      

Sorry I can't be more help 

Posted on: September 4, 2012 - 8:13pm

Emzg

Hi Tinkelbell 2,

 

You have been more then helpfull. I dont know why he has to do this, like you said if he was having problems then just talk to me and we can discuss it not just do it without warning. 

Thank you for your help, you have been hepful.

 

EmmaSmile

 

Posted on: September 4, 2012 - 9:38pm

rudimentary mary
Parenting specialist DoppleMe

Sounds as though Tinkerbell2 has been a great help there, Emzg. Communication is so important when families separate and quite often it is the lack of it that causes problems.

Let us know how you get on with talking to your ex about the situation.

Posted on: September 5, 2012 - 9:51am