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Temporary reduction of payment of child maintenanc

andaar16
Posted by
Junior Member

07 Jun 16 #479405 by andaar16

Topic started by andaar16

If I have a Consent Order in my divorce agreement that requires me to pay a fixed amount of maintenance to my ex for our son monthly is it reasonable for me to deduct the equivalent amount and to use it to take care of my son for 14 days if he lives with me for that period of time in one month and then resume payments of the original amount the following month as normal when he returns to live with his mother?

WYSPECIAL
Moderator

07 Jun 16 #479407 by WYSPECIAL

Reply from WYSPECIAL

Why is your son living with you for 14 days? Is there some reason or just normal holidays?

How many nights staying with you per year are factored in to the amount you pay already?

The full amount will be payable but you could try to negotiate a reduction with your ex if you really think it is worth it but remember a lot of their costs are going to remain the same.

Child Maintenance Options
Moderator

07 Jun 16 #479419 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Andaar16

Once a Consent Order has been agreed and authorised, the paying parent (referred to in legislation as the non-resident parent) is legally liable to pay the amount the court has endorsed. However, the court does not monitor or collect payments. This means the receiving parent (referred to in legislation as the parent with care or person with care) will need to seek legal advice for any missed or reduced payments, unless they are happy to accept them.

You may wish to try to discuss and negotiate with your son’s mother regarding reducing your payments for the period that you are having your son. Alternatively, you may want to seek legal advice as to where you stand with this.

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at www.cmoptions.org

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

andaar16
Posted by
Junior Member

08 Jun 16 #479483 by andaar16

Reply from andaar16

It is just normal holidays but my budget is tight and I would like to be able to look after him well while he is staying with me for the holiday it is a one off and if I cannot make this reduction from that monthly payment I will really not find it possible to feed him and do things with him and the payments also increase in that month substantially according to the consent order and continue at the increased rate and I will also have another increase of payments in 2 years time,I only need to reduce for this one 14 day period and then the payments go back to normal the following month.

WYSPECIAL
Moderator

08 Jun 16 #479523 by WYSPECIAL

Reply from WYSPECIAL

You can always ask.

Alternatively you could check how much you would pay via CMS and switch to that instead if your consent order is at least a year old.

CMS would override and end the consent order.

andaar16
Posted by
Junior Member

08 Jun 16 #479536 by andaar16

Reply from andaar16

Hi so if I ask and she disagrees and I make the deduction anyway and then she gets legal advice and takes it to court is there a possibility that if the judgement goes in her favour that I would be made to pay back the deduction plus her and my legal costs even if I can`t afford to?

andaar16
Posted by
Junior Member

08 Jun 16 #479537 by andaar16

Reply from andaar16

Yes I know the costs don`t change but my costs will when my son stays with me for 14 days so why can`t I keep the money equivalent to 14 days and use it to look after him as I cannot afford to pay the full amount and fund looking after him at the same time at this point in time, it doesn`t seem fair on me after all I am using the money to look after and care for him and no other purpose and it is this time only I normally have him for 2 nights of 1 weekend in a month because she moved over 100 miles away so I have to go and collect him and take him back travelling 400 miles in 2 round trips each time and I always pay on time and in full as I love my son and want to look after him however I can so I don`t see why just for this one time that this deduction would not be reasonable, as I said the money is to be spent on him as he won`t be with her.

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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