Breach of contract?

123Happy

I'd be grateful for any advice you may have please.




My ex told me he would contribute a certain percentage of his income towards bringing up the children. This has been confirmed by him in writing.
I've since found out that his contribution was less than the percentage he agreed to pay.
He didn't disclose his earnings to me, but I now have that information.
I wonder if this is worth pursuing - in terms of a breach of contract. And if so, how I would go about doing that - maybe thru the small claims court?




This isn't about whether he should pay, how much he should pay, whether he sees the kids etc. It's purely about your opinion on whether we had a contract, whether there's been a breach, and whether I have any chance of recovering that money.


Thanks in advance

jacklink

stop being soft, rip up that cr*p and contact csa

Csa_Survivor

jacklink wrote: »

stop being soft, rip up that cr*p and contact csa

Hi jacklink, I think it is probably too late for that, the way I read the post suggested to me that the PWC found out later on down the line after child maintenance was no longer a liability for the NRP. This nonsense to me just stinks of a PWC looking for a way to carry on the bitterness now that the NRP has his life back, all his wages to himself and is probably out and about enjoying himself, sorry to be blunt but I think most will agree.

Csa_Survivor

123Happy wrote: »

I'd be grateful for any advice you may have please.








This isn't about whether he should pay, how much he should pay, whether he sees the kids etc. It's purely about your opinion on whether we had a contract, whether there's been a breach, and whether I have any chance of recovering that money.

And its also about whether there is an opportunity to twist the knife even more ! Sorry to be so blunt , I do not know your situation obviously, whether or not you have struggled over the years and your ex has been a complete !!! etc... but come on, do you really think it would all be worth the hassle? Short term gain may end up as long term loss anyway, throwing spanners into the works now may find you paying for your childrens weddings or universities all by yourself if you go down what looks on the surface of it a petty route to take. Your ex, by your own admission has been voluntarily paying, maybe not as much as you say he should have been ( though goodness knows how you know 100%) but nevertheless paying, so I am guessing all the associated treats that the kids got that are never calculated into maintenance assessments also came into play too over the years.

123Happy

Csa_Survivor wrote: »

I do not know your situation

No, that's quite clear. I sympathise with you as you sound like you've had a rough time from the other side. But that doesn't mean that you can make (incorrect) assumptions about me and criticise me based on those. Please don't.


Anyway, I'm not here to discuss good parenting. My question was quite clear. If anyone knows whether the original verbal (and confirmed in writing) set up is classed as a contract, I'd be interested in advice on how to, and whether it's worth, trying to enforce that contract.


The question is only on this forum because it does relate to maintenance.

123Happy

Csa Survivor - could you look at this from another angle?


Let's say you worked for someone and were paid commission/royalties. You later found out that you had been lied to and the payee had kept a share of your money. You weren't well off so that money would be really useful for you and your family. Why would you not want to recover it?

Pricivius

I would ask him first. Why leap straight to legals and the Court? Maybe he has a reason for paying less or maybe your information is wrong.

Have you asked him?

shoe*diva79

I dont believe you had a legally binding contract so to answer your original question, No.

Legally binding means it should have been witnessed - did you have that?

Like Pricivius says, can you ask him?

Csa_Survivor

123Happy wrote: »

Csa Survivor - could you look at this from another angle?


Let's say you worked for someone and were paid commission/royalties. You later found out that you had been lied to and the payee had kept a share of your money. You weren't well off so that money would be really useful for you and your family. Why would you not want to recover it?

I can see the point you are making but your personal situation has more personal potential heartache for yourself, and more importantly your kids if you go down this route. Taking a former employer to court would not cause you problems and grief in your family life would it? I am guessing your kids are grown up now, do you really want them to see you both at loggerheads when you should perhaps be letting things settle and getting on with your own lives now?
I guess what I am trying to say is do you really think it would all be worth it in the long run. Personally I think you are clutching at straws here and as I touched on already you may find yourself paying for things yourself that your ex may help you with now, if you try, or even just apply, to sue him. Do your kids drive yet, here is another example of how your ex could stick two fingers up to you if you decide to sue him, as things stand today he may be more than happy to pay for their lessons etc etc..., you may find yourself paying for all those too.
There must be thousands and thousands of pounds at stake for you even to be considering this , if not you may be shooting yourself in the foot long term!