is it a fair cop!!!!!!!!

shymanuk

hi my partners ex(a coper) had a agrement in their devorce that he would pay a certin amount of maintinace for their only daughter,his idea and the amount set by him, all signed and sealed, now a year down the road he has a new girlfriend in his life, and is saying he cant afford to pay what was agreed, and wants to reduce it by £100 per month, he also got her to sign that she couldnt touch his pension, if he has backed out of his agreement can she and now go for his pension as he has gone back on his word, and is a letter signed and witnessed by solictor good enough to take him to court ? any help would be greatfully recieved, :eek:

Becles

It depends on what she signed. I would get legal advice on that. If he's changing the terms of what she signed, it's fair for her to expect something from his pension.

Have a look on the CSA website. There is a calculator on there that states the minimum he must pay. I would get your other half to check that to see what he should be paying.

spamalot

hi my partners ex(a coper) had a agrement in their devorce that he would pay a certin amount of maintinace for their only daughter,his idea and the amount set by him, all signed and sealed, now a year down the road he has a new girlfriend in his life, and is saying he cant afford to pay what was agreed, and wants to reduce it by £100 per month, he also got her to sign that she couldnt touch his pension, if he has backed out of his agreement can she and now go for his pension as he has gone back on his word, and is a letter signed and witnessed by solictor good enough to take him to court ? any help would be greatfully recieved,

It does depend entirely on what it was that she signed. If she sign a court approved consent order (CO) then there is no way that she can go back and put in a claim for his pension. THe division of equity in a marriage and child maintenance are generally treated as two seperate issues. The first is done at the time and most CO's have a barring order on them preventing either partner coming back and getting more money in the future. On the other hand, the Child Maintenance can be subject to variation if the man's circumstances have changed and he can prove it. He may have a legitimate reason for wanting to lower the child maintenance, has he changed jobs? is he supporting another child, these are both considered legitimate reasons by the CSA.

My advice would be firstly find out what it was that she signed. Then you know where you stand with regard to pension (this issue may also be subject to how old she is and how long they were married - this may have a big impact on the share she might get). Secondly, find out what his reasons are for lowering the child maintenance and check whether he intends to do it through the CSA or on his own. If is goes through the CSA then it will be down to their criteria as to whether he can change it. If he isn't using them then get on the CSA and seek their advice.

shymanuk

hi he signed a consent order for maintenance......... hasnt changed jobs or salary decreased if anything gone up . but has decided a new car is far more important and with his new girlfriend living 45 mins away his exspenses have risen ........ ie petrol cost loans .etc all his own doing,dont c why we should suffer for the fact he cant manage money........... hes a policeman for god sake . what kind of example is this setting to anyone ........ he also set the amount of monthly amount,as he wished not to go through csa,but surely if he signed a consent order the same as she did for pension........ if he can break his willy nilly . why cant she ?????????

Scarlett1

dont have anything to add really, but I thought that i had read on her that it wasnt possible to claim anything off an ex after a divorce has been finalised which I agree with, or you would find people hearing that there ex has won the lottery or having a pay rise and wanting a share

shyman do you know if you're partners maintance for the children is more than what he would pay if he was paying through the CSA, or less ???

Becles

Scarlett1 wrote:

dont have anything to add really, but I thought that i had read on her that it wasnt possible to claim anything off an ex after a divorce has been finalised which I agree with, or you would find people hearing that there ex has won the lottery or having a pay rise and wanting a share

That can and does happen.

The divorce only deals with the relationship aspect if the marriage. You need a Consent Order to stop the other party claiming from you and vice versa. People tend to overlook this and assume the divorce is final, then get a shock when some time later the ex wants a share of their money.

Scarlett1

Becles wrote:

That can and does happen.

The divorce only deals with the relationship aspect if the marriage. You need a Consent Order to stop the other party claiming from you and vice versa. People tend to overlook this and assume the divorce is final, then get a shock when some time later the ex wants a share of their money.

:eek: I hope that enlightens some poeple :T

shymanuk

there is a consent order in place, spoke to csa and they said take the order to the court where doneas they have more powers to act and the csa would only have to answer to the court anyway and they will upheld it /deal with it ....... we dont want any of his pension...... just what was agreed, but sometimes u have to fight fire with fire there isnt a lot of diff in csa amount to the court consent order, but after all he is a armed copper ........ he should know hes breaking a order and could lead to problems with his job if hes taken to court for non payment etc.

fsdss

can i just ask if you have issue with your partners ex because

1. hes a policeman (as you keep referrring to the fact)
2. he's your wifes ex
3. you are jealous of him.

people are divorced / seperated from all professions in society.

let them sort out their financial side of the divorce, your partner would have agreed to the original settlement, so it is possible that they can do it again. failing that then a court / csa can make an order (not without costs).

your partners ex could be referred back to court to change the original order.

and by the way policemen, primarily focus on the criminal law and not much of the civil law of which this category falls within. so he probably knows as much about this subject as you do.

shymanuk

fsdss wrote:

can i just ask if you have issue with your partners ex because

1. hes a policeman (as you keep referrring to the fact)
2. he's your wifes ex
3. you are jealous of him.

people are divorced / seperated from all professions in society.

let them sort out their financial side of the divorce, your partner would have agreed to the original settlement, so it is possible that they can do it again. failing that then a court / csa can make an order (not without costs).

your partners ex could be referred back to court to change the original order.

and by the way policemen, primarily focus on the criminal law and not much of the civil law of which this category falls within. so he probably knows as much about this subject as you do.

not at all, i believe as his posistion is one in law he should upheld it as should anyone else,and the fact he cant manage money is down to him no one else, the divorce was settled long ago on his terms .........theres already a order in place and also if he feels his life/situation has changed down to no fault of his own......he would know to go to the court to have it challenged, if you wish to back people that make a settlement then go back on it thats your opinion FSDSS but all im saying is i have morals and stick by them and support my kids throughout anything .......and teach them they are responsable for their own actions in life, as are we all.....lets face it there are enough people that have kids and just shrug off their duties , but must also say there are many who do a wanderful job under very difficult situations ...

Scarlett1

shymanuk wrote:

we dont want any of his pension...... just what was agreed, but sometimes u have to fight fire with fire

sometimes its best to let things go, the ex wants to drop £100 per month, but it could cost you thousand in legal fees to take this to the end, is it really worth it just to make a point

If the ex lost his job then your partner will get £5 per week, then you would really see the loss in maintenance