Financial Remedy Order

boonaroony

Hi - I have a query, which I suspect I should probably seek legal advice on but just wanted a quick pointer or two if possible.


I am divorced, decree absolute sorted, and I have received settlement for some of the equity in our shared home, which has now been transferred solely into my ex partners name.


My ex partner is seeking to get me to sign a financial remedy order, under the guise that it protects us both in the future from possible claims we may make.


I have two children and the remedy order has indicated I pay £260 per child until they are 18 or whilst in full time education.


My query is, firstly do I have to sign this (I assume not given it is a consensual arrangement) and if I don't, what will happen/what are the possible consequences?


My concern here is I want to have my children more, at the moment I have them two nights a week but I want to have them for 3. I have not previously addressed this as I didn't want to annoy my ex and thus end up getting into a row about the house settlement due to me wanting the kids more. If I have the kids 3 nights a week instead of two, then the maintenance will no longer be £260 per month and will reduce considerably (according to the gov website calculator). The remedy order doesn't seem to make an allowance for this and it is just stating what I currently pay.


furthermore it doesn't seem to allow for any change in circumstances - for example, if I were to lose my job would I still be liable for £260 per child per month even if I wasn't earning?


if I move in with my new partner, who has a low paid job and two of her own children, presumably as the number of dependents in my household will have gone up, my maintenance payments to my ex should go down, but again the financial remedy order doesn't seem to make any allowance for this.


don't get me wrong, I want to continue to pay maintenance for my children, but I also want to have them more, and therefore pay less and furthermore I don't want to be tied into paying £260 per child per month forever, if, for example, worst case happens and I were to lose my job.


sorry for the waffle - any info on this would be greatly appreciated.




Edit : this para in the order makes allowances for a review of the amount paid but doesn't make mention of a decrease in my salary/payments, just a possible increase...also who is responsible for reviewing/enforcing any changes - is this voluntary also?


AND UPON the parties agreeing that the periodical payments for the children referred to in paragraph 8 of this order shall be subject to annual review. Such review shall take place within 28 days of the 1st April each year to ensure that the payments shall be made at the same percentage rate to reflect any increase in the Respondent’s wages. Any increase in the amount payable to the Applicant shall take effect in the following month from the date of the review.

Comms69

Why are you even considering signing this? What's your annual wage?

WillowCat

First off, you really should have got the consent order (financial order by consent) signed and sealed by the court before any money or property transfers were made.

However, that is done now. The order is open to negotiation - you cannot have a consent order until both parties are happy with it's contents. It's not for your ex's solicitor to bully you into doing so. However, it is strongly recommended that you do have an order, as otherwise your ex could come back at any point in the future to demand a new settlement. Whether she would be successful or not (or how successful) will depend on a number of factors but would you really want to have that stress?

Regarding the child support, it is only valid for 12 months, as after that you may apply to CMS for a new agreement and this makes this part of the court order void. Some information on this is here:

http://www.ellisonssolicitors.com/news/latest/child_maintenance_and_the_12_month_rule

I have just one niggling query though, when you say the order will last "whilst in full time education" - this could be interpreted to include degree level education which is outside the remit of CMS. You may wish to request that it be changed to "whilst in full time further education" which would align with the CMS rules. Of course you can always make voluntary payments directly to your children whilst at university.

MataNui

Have you looked at the CMS website to see what they say you should be paying? Its true that you will need an order to protect yourself but this looks like a load of bollox. As mentioned above after 12 months you can go the CMS anyway (even if you did sign it).

Either way i wouldnt sign it until its re-written in a correct and fair way so reductions in your salary lead to a reduction in the payments. It does seem like your exs solicitor is taking the !!!!. You could always pre-empt it by going to CMS first. That would remove any possibility of them adding a child support element to the order.

boonaroony

Thanks for the replies - I am not sure how to post other peoples replies in my reply so apologies.


re the formal education thing, it states until the child is 18 or finishes formal secondary education, whichever comes later so the issue of uni is not an issue.


as an aside things have taken a rather unfortunate turn...


I have been paid some of the equity we agreed, but not all. I am owed a further 3k, which she has now said she will not pay me unless I sign the order.


I do not want to sign the order. I believe the £3k is owed as this was agreed when the solicitor sorted the land registry stuff and I have a letter stating the additional £3k will be paid in December. she is now essentially blackmailing me saying I wont get the £3k unless I sign the order...


Re the maintenance payments, I am currently paying £520 per month but this was calculated when I had the kids 2 nights a week. I now have them 2 nights one week and 3 nights the next. I have recalculated the payment and I should be paying £417 a month..


I want to have the kids 3 nights every week - or perhaps 2 nights 1 week and 4 nights the next, with 1 weekend a fortnight for the both of us. This would mean a maintenance payment of £320 per month, which if it was listed on the consent form I would have less issue signing, provided there is allowance for changes in circumstances in the order.



she sees it as me being greedy and wanting more money. I want the kids more, and as a result and bonus, I would legally have to pay less. she then had the nerve to say if I pay less will I give her more money for brownies, clothes childcare etc, which is what the maintenance is for! its up to her how she spends it. I already pay for swimming lessons over and above the maintenance payments.

My next question is, if I have a letter from her solicitor saying she owes me £3k, can she legally with hold this, essentially holding me to ransom until I sign an unreasonable consent order? If not, how can I look to pursue her to get this back?


given a consent order requires mutual "consent" there is no reason the release of the £3k is prerequisite on the consent order being signed surely?


horrible day and no clear resolution in site.


I do not have money to appoint a solicitor.

Comms69

She owes you money, you sue via the small claims court. You could of course offset the money against the payments you make now.