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statement of arrangement for children

  • louiseh0307
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09 Jun 13 #396390 by louiseh0307
Topic started by louiseh0307
I need some advice please.

My ex completed a statement of arrangement for our son (age 10)to pay a set amount to me which he has done for 4 years. He now says he is in debt and wants to reduce what he pays me as he is on a lower wage now. he signed the arrangement last year, and now lives with someone so has 2 incomes ( I know she should not pay for my son). they have 2/3 holidays a year, he does not pay for his phone,car or petrol as the company pays for it. I am not sure what I can do?

any advice would be appreciated.

thanks

  • Fiona
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09 Jun 13 #396400 by Fiona
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A statement of arrangements isn''t legally binding, it''s just a statement so the judge granting divorce can ensure that adequate arrangements are made for children. It would be different if a child maintenance agreement was included in a Consent Order settling the finances. In any event if circumstances change and the non resident parent''s income drops there will be a reduction in child maintenance.

Your options are to re-negotiate and come to agreement about the amount to be paid yourselves possibly with the help of a mediator, or ask the CSA to carry out an assessment. There is evidence parents are more satisfied and likely to adhere to agreements they reach between themselves. The CM Options website gives more information and has a calculator so if you know what your ex''s income is you can get an idea of the statutory amount.

  • Child Maintenance Options
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12 Jun 13 #396909 by Child Maintenance Options
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Hello Louiseh0307

Thank you for your recent post. I am Sarah, the Child Maintenance Options consultant. I understand your ex-partner wants to lower his child maintenance payments to you as he has debts and his income has reduced.

You say your ex-partner completed a statement of arrangement to pay a set amount to you which he has paid for four years. If your agreement is a family-based arrangement, it is not legally binding and payments cannot be enforced. However, there are no strict rules or formulas to follow, so you and your ex-partner can renegotiate what is included in your arrangement as long as you are both happy with this. It can be a combination of financial assistance and contributing towards other things like clothes, school uniforms and even sharing the care of your son.

If you have concerns about renegotiating your family-based arrangement and talking about finances, you may find our Child maintenance decisions: Talking about money guide helpful. This guide can help you work with your ex-partner to agree a suitable arrangement between yourselves. You can print out a copy at www.cmoptions.org.

If you wish to follow the guidelines set out by the Child Support Agency (CSA), then child maintenance is worked out using your ex-partner''s net weekly income. If his income reduced overtime and he reported this change to the CSA, a reduction may be made based on these changes and a new figure would be calculated. You can find further information about how the CSA work out child maintenance online at www.gov.uk/childmaintenance.

If you would like an indication of how much child maintenance may be payable using the CSA guidelines, you can use our online calculator. This is on our website at www.cmoptions.org/en/calculator/calculator.asp. You may want to use this figure as a starting point for renegotiating your family-based arrangement.

To help you maintain your family-based arrangement, we have a family-based arrangement form that is not a legally enforceable document but may put your agreement on a more formal basis. You can complete this together with your ex-partner and sign your names to show your commitment to your arrangement. If you feel this will help you, it is easy to print from our website. We also have a discussion guide available to download, which can help you plan your conversation with your ex-partner.

We have a sorting out separation web-app that you may find useful, it offers help and support to separated families. You can find this at: www.wikivorce.com/divorce/Sorting-Out-Separation.html.

To find out more about how Child Maintenance Options can help you visit our website or if you would prefer a friendly and confidential chat, please call us on 0800 988 0988.

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