Consent order breach??

bouicca21

Nominal spousal maintenance is very common - it's intended as a safety net just in case something terrible happens.

I doubt it would be revised in this case, though it might be a useful bargaining chip. This one is all about explaining to the absent parent that his contribution is not meant to be pocket money for the child but is to cover living expenses - keeping a roof over her head, heating, lighting, food, clothing, school trips etc. And if that fails its going to whatever CSA now call themselves.

Its probably also worth going through the maintenance calculator, to see if £240 is roughly right - it could be too much, or too little, depending on dad's earnings. He might get a shock ...

Guest101

bouicca21 wrote: »

Nominal spousal maintenance is very common - it's intended as a safety net just in case something terrible happens.

I doubt it would be revised in this case, though it might be a useful bargaining chip. This one is all about explaining to the absent parent that his contribution is not meant to be pocket money for the child but is to cover living expenses - keeping a roof over her head, heating, lighting, food, clothing, school trips etc. And if that fails its going to whatever CSA now call themselves.

Its probably also worth going through the maintenance calculator, to see if £240 is roughly right - it could be too much, or too little, depending on dad's earnings. He might get a shock ...

Just FYI OP:


£240 per month is maintenance from a parent who earns approx. £24,000 and has zero contact with their child.

TBagpuss

it sounds as thoug hthe child maintence may have simply recorded your voluntary arrangements, rather than there being an actual Order for child maintence. Whre in the paperwork does the paragrapgh about his agreing to pay come? Is it before or after where it says "[By consent] it is ordered that:"

The wording is what I might expect in a recital where it is simply noting a voluntary arrangemetns, rather than setting out a binding order or agreement. If that is the case, then you cannot take him to court to enforce it as that particualr part is not an Order.

anna_1977

he has told her via text that he will 'help out' with fuel of approx £30 per month and then the odd bits and pieces. He's not going to give her money as such. She pays for her own fuel so that doesn't help me out. She's struggling to understand why her dad will pay for her older sister at Uni but has stopped paying for her......

I've have started the process with the CSA, looking at his earnings were last year his P60 was sent to me) he will have to pay £95 per week for her..

anna_1977

Guest101 wrote: »

Just FYI OP:


£240 per month is maintenance from a parent who earns approx. £24,000 and has zero contact with their child.

thanks, when he left in 2011 he was earning £40k and we realistically worked out what was needed, obviously he was liable for both girls then. he's never had them overnight.

I did the CSA calculator knowing his earnings from last year and it works out as £95 per week

anna_1977

rpc wrote: »

His solicitor should probably not have agreed to include it.
.

He never had a solicitor as said it was a waste of money

Guest101

anna_m wrote: »

thanks, when he left in 2011 he was earning £40k and we realistically worked out what was needed, obviously he was liable for both girls then. he's never had them overnight.

I did the CSA calculator knowing his earnings from last year and it works out as £95 per week

Just remember you deduct pension contributions, so it could be less.


But probably more than £240 still

anna_1977

thank you! i'm so upset and cross that it's come to this. I'm going to be 'screwed' until the CSA sort this (fingers crossed they do), if I'd had warning from him then I could have done something earlier and budgeted better but hey ho....

System

And your daughter at uni is now going to be screwed as there will be no CSA requirement to support her. That will be up to the ex and daughter to come to any agreement..

anna_1977

If he stops paying her then yes unfortunately that will be the case, if the CSA award more than £240 I will give her the difference.

His issue seems to be paying me, although he's not willing to pay DD2 directly. It will be a wait and see what happens next September once she goes to uni