Do I have any rights?

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john1002
john1002 Posts: 984 Forumite
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in Child support
Hi all

I'm a PWC of two boys aged 11 and 13, I have had an arrangement with my ex wife for some years of payment of £210 this has never changed and whilst she may be paid a lot more now as she has had numerous jobs I was happy to receive.

The last two months she has not paid anything, she says this is due to work becoming a Phoenix company and so is awaiting payment from receivers, she is still working for the new company.

Apparently she says last months payment she won't pay as no income and this months pay only if she gets a payout, she assures me next Month I should get something.

My question can I ask for the last two months even if it is at a reduced monthly amount to pay off or should I just write it off. Luckily I don't relie on the payment but it is still a hit to take.

Any comments welcome

John

Comments

  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
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    If it is an agreement then she should pay all that is owed perhaps increasing the next few months to make up?

    What is a PWC?
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • DUTR
    DUTR Posts: 12,958 Forumite
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    Hasbeen wrote: »
    If it is an agreement then she should pay all that is owed perhaps increasing the next few months to make up?

    What is a PWC?

    PWC= Parent with care.
  • WYSPECIAL
    WYSPECIAL Posts: 645 Forumite
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    What sort of arrangement is it?

    If it is an informal agreement between you then it can be changed at anytime.

    If it is via CSA/CMS or a Court Order then the full amount is payable and can be enforced.

    If your ex no longer wants to pay via an informal agreement then you will need to apply to CMS for an assessment. She will then have to pay the assessed amount.
  • john1002
    john1002 Posts: 984 Forumite
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    No, informal arrangement so in that sense then I can ask for the payment but she can refuse with no comeback.

    May need to look then at a formal arrangement.

    Thanks for the input

    John
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    Before you rush off to the CMS, there could be some truth in what shes saying and if she's been reliable in the past it may be worth giving the benefit of the doubt
  • Fission
    Fission Posts: 225 Forumite
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    It's a tired old cliche, but your experience shows that informal verbal agreements are not worth the paper they are printed on.

    Despite other advice given above, if you feel that you cannot trust your ex to stick to agreements (after all, what's to stop it happening again and again?), your only practical choice is an application to CMS. That isn't without its drawbacks of course, but may be preferable to zero maintenance income.
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