Stopping finacial settlement divorce papers

zzzLazyDaisy

Are you saying that there is a Consent Order in place that has been sealed by the court, which makes agreed provision for child maintenance?

If that is the case, then the CSA cannot become involved until one year has elapsed from the date of the Order. All you need to do is send a copy of the Consent Order to CSA.

tech2_2

Ok redshoes I see where you are coming from and you are right as I think she has done this to !!!! me off. and as it happens it would be half the amount that we both agreed I should pay.. BUT it was not about the money yet the principle of the agreement and I have done everything to make this as amicable as possible and if I bent over any more I would fall over....LOL and Im on a zero hours contract with a FE provider which ends in 3 wks so I will not have any wages until Oct... PMSL

And as for zzzlazydaisy's comments

The is not court order in place, BUT I have a letter from her solicitor asking if I agree to make a monthly payment of X for maintenance for my daughter which I wrote back and agreed to do so. But I have sent them the decree that shows this agreement and the reply from the court accepting it which they wont take any notice of.. Whats the point of having all this rubber stamped if it means jack [EMAIL="S@@T"]S@@T[/EMAIL], shows what a mockery the law system is. and the CSA think they have more rights than HM custom and excise.. LOL and they have now contacted my employee behind my back which makes me look like a bad farther which I certainly am not as worked around my daught as I see have her more than 150+ days per year and had her more times last summer holidays than her MUM.


Yet the changes in the law from 2008.. states this...

Parental pay and the CSA

Child maintenance is periodically-paid financial support for a child whose parents have parted ways. It is received by the parent who cares for the child on a daily basis from the other parent. The money goes towards the daily living costs of the child.
Recent changes in the law

What many people are unaware of is that when the government introduced the Child Support Agency (CSA) in the early ‘90s the courts lost their powers to deal with maintenance for children. This meant that child maintenance was no longer a case for the divorce courts or for lawyers.
The two main circumstances where the courts used to make maintenance orders were where parents separated or divorced, or where the parents were not married and the child’s father did not want to help financially with a child’s upbringing.
From this point until 2008, the only option was to arrange child maintenance through the CSA. However, there is now the extra option of coming to a private agreement without involving the CSA.
So the options are:

• Coming to a private agreement
• Arranging child maintenance through the CSA

If you need advice on these options, you could make use of our unlimited telephone advice service.

Private arrangement

Child maintenance can be arranged privately without involving a third party, although this is only a viable option if the relationship has remained relatively amicable and both parties are willing to negotiate in a civilised manner.
This option can be the most painless as it does not involve any legal proceedings and is merely an agreement between two people. Anyone considering this kind of child maintenance arrangement must however be confident that the two parties can trust each other and co-operate effectively and will be able to sustain the terms which are agreed.
A private agreement can offer greater flexibility as legal authorities do not need to be involved. Making special arrangements is also easier when making a private agreement than when involving the CSA.
If the agreement is not upheld due to an embittering of the relationship between the parties, it may be better to set up an arrangement through the CSA instead. If circumstances change, i.e. the parent making the maintenance payments loses their job or other source of income then the agreement could be renegotiated, but if this proves difficult then the CSA is probably the best option.
How to make a private agreement

The first thing to consider is the amount of money to be paid. The figure agreed should reflect the income of the parent paying the maintenance, and a reasonable and realistic amount must be settled upon. You need to make an estimate of the extent of the living costs of the child (school, clothing, food, etc) and make sure you come to a sum which can cover these.
As well as financial payments you should consider if you intend to make any additional payments ‘in kind’, which is where specific items are paid for.
Subsequently it needs to be decided how frequently the payments can be made. It can be done weekly, fortnightly or monthly.
Thirdly you must choose how the payments are made. Setting up a standing order with a bank is the most likely way of ensuring complete and timely payments, but the maintenance can be paid by cash or cheques if preferred.
If you and your partner are agreed on the above points, then it is wise to put it in writing and have it signed by both parties, as this is a firm sign of commitment.

I have spoken today to a very good friend of mine who said that I should now agree with the CSA and say that they are right. They have all the letter etc so see what they come up with I will post again..

zzzLazyDaisy

Just to say that the information that the courts have lost their power to make orders for child maintenance may have been correct in the 1980's or whenever it was published, but the current position is that the court can make an order for child maintenance provided both parents agree to this. What the court cannot do is impose an order where one parent does not agree. If the parties have agreed to the court making an order for child maintenance, then either parent can go to the CSA to have the order superceded once 12 months have passed from the date of the order.