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What happens to maintenance if ex took redundancy?

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AngelicK
Posted by
New Member

19 Sep 14 #444813 by AngelicK

Topic started by AngelicK

Hi, my husband and I agreed on maintenance so not through CSA, but he has not paid half of the mortgage etc. he secretly took voluntary redundancy 2 months ago and kept pretending he was working to the kids! He has a large lump sum- he won''t say how much but I know 30 years he would have got at least 44k. He doesn''t want to pay a penny of redundancy to me and I''m now worried if he can pay no maintenance as he''s now saying he needs the money to live on and start a business. Can he do that?

NL_sadincheshire
Platinum Member

20 Sep 14 #444862 by NL_sadincheshire

Reply from NL_sadincheshire

Hello angelick
... Tricky one, the best advice I can give you is to open a case with the CSA. You don''t have to follow it through but at least you can get their clear and genuine stance on the matter. I know they (the CSA) have their problems but I''ve personally found them very approachable and clear in their explanation of cases particularly on the phone (not so much in writing for some reason)
NL_SIC

WYSPECIAL
Moderator

20 Sep 14 #444868 by WYSPECIAL

Reply from WYSPECIAL

Redundancy money doesn''t fall within the remit of the CMS/CSA so if he isn''t currently working then the assessment is likely to be nil.

He seems to still be paying you at the moment though so would going to the CMS rock the boat?

If you are living in the house and he isn''t then it would be usual for you to pay the mortgage.

Fiona
Platinum Member

20 Sep 14 #444876 by Fiona

Reply from Fiona

Was the agreement just between the two of you or is it included in a Consent Order settling the finances on divorce? If it was agreed in a consent order what is the date of the order?

Child Maintenance Options
Moderator

24 Sep 14 #445322 by Child Maintenance Options

Reply from Child Maintenance Options

Hello AngelicK

The agreement you have is what we call a family-based arrangement. Although this type of arrangement is flexible and can include anything you and your husband agree to, it isn’t legally binding, so yes, your husband could decide to stop paying what you have previously agreed.

If you had an arrangement with the child maintenance Service they would calculate child maintenance based on your husband’s gross weekly income.

For further information and support to help with your family-based arrangement, or to discuss your other options, you can contact Child Maintenance Options directly, www.cmoptions.org.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html.

Regards

Sarah

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

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