Maintenance paymets

Disney_lover_2

Hi
My ex husband used to pay £130 per month direct to my son each month for maintenance payments, my son has recently got a part time job 2 days a week but is still at college full time.

I've checked my sons bank this morning & my ex hasn't paid him the money, when I asked my ex why he said it cause he is now working so isn't going to pay it anymore.

As you can imagine I'm not very happy as this was arranged by through our Solictors & the wording on the document was for him to pay the money as long as he needs it.

I'm going to speak to my Solictor about this but has anyone got any advice please ?

[Deleted User]

If it's going direct to your son it's not maintenance it's pocket money.

tomtontom

I'm surprised the agreement was as vague as that, "as long as he needs it" could be 16 or 60.

If you cannot reach an agreement informally you can go through the Child Maintenance Service assuming your child is 19 or under.

Disney_lover_2

My son has Autism so that's why it was worded as it was.

He's 18 so I think I will see what the solicitor says & also contact the child maintenance service

He wouldn't pay it direct to me as he's a complete idiot lol & that's why he paid it direct to my son

Caz3121

If he wants it treated as Child Maintenance he should be paying it to you. As far as child maintenance, you have received £0
Does the court order state he should pay this as maintenance or that he should pay it to his son?

HappyMJ

As long as he needs it. Well he's working now he doesn't need it any more. That's far too vague and easy to get out of. As long as your son is earning £130 a month then he's got what he "needs". If he's not earning £130 then ask for it to be topped up to £130.

TELLIT01

It's hard to believe that a solicitor would use such vague wording in a maintenance agreement. I'm not doubting the OP, more doubting that the solicitor is up to the job! What does 'As long as he needs it mean'? Until he is earning? Until he leaves education? Until you or your son decide he no longer needs it?
The main advice I would give it so instruct a different solicitor.

Disney_lover_2

It wasn't actually a maintenance agreement done by the Solictor but between myself & my ex.
On hindsight I should of pushed for it to be done officially via the Solictor.........we live be & learn don't we.
I really can't fault my solicitor she has been fantastic getting me things that he didn't a want me to have etc & did advise me to go via the official maintenance route.
Our situation is slightly different due to my sons Autism thats why we said until he doesn't need it anymore, he only has a contract until the end of March 2016 not sure if it will be extended after that or not.
I will speak to my Solictor
Thank you for your replies

HappyMJ

Disney_lover wrote: »

It wasn't actually a maintenance agreement done by the Solictor but between myself & my ex.
On hindsight I should of pushed for it to be done officially via the Solictor.........we live be & learn don't we.
I really can't fault my solicitor she has been fantastic getting me things that he didn't a want me to have etc & did advise me to go via the official maintenance route.
Our situation is slightly different due to my sons Autism thats why we said until he doesn't need it anymore, he only has a contract until the end of March 2016 not sure if it will be extended after that or not.
I will speak to my Solictor
Thank you for your replies

Don't pay too much for the solicitor if you can avoid it. You really need to negotiate without the use of solicitors. Unfortunately you haven't worded the agreement very well. You might have meant differently but wording it as you have can be translated so many ways and is his get out clause.

DUTR

Disney_lover wrote: »

My son has Autism so that's why it was worded as it was.

He's 18 so I think I will see what the solicitor says & also contact the child maintenance service

He wouldn't pay it direct to me as he's a complete idiot lol & that's why he paid it direct to my son

Why did you have a child with him, if you feel he is such an idiot?

Disney_lover_2

I think that's a bit harsh obviously I didn't realise that at the time when I had my child with him, I've come on here for help & support