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What are my rights, X is like a financial spounge

  • Ephelia
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31 Dec 09 #172470 by Ephelia
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You mean your level of spousal maintenance didn't form part of the order? You pay this voluntarily? Or is this just child maintenance you're referring to? If you don't have a Consent Order that states when you must pay child maintenance until, then I would think you could stop at 18... but its unusual to have children and provision for them not to be specified in the consent order.

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31 Dec 09 #172506 by Mullins
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Ephelia wrote:

You mean your level of spousal maintenance didn't form part of the order? You pay this voluntarily? Or is this just child maintenance you're referring to? If you don't have a consent order that states when you must pay child maintenance until, then I would think you could stop at 18... but its unusual to have children and provision for them not to be specified in the consent order.


Having just looked through my paperwork i cant find any consent order. I have from family mediation about the charge on the house but nothing to do with any of the girls.
Would this have been done under mediation or the courts and the divorce? If memory serves this was a verbal agreement as the CSA would probably have wanted more out of me.

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31 Dec 09 #172507 by Ephelia
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It sounds as if you have no formal legal financial agreement. I think you should see if you can get a free consultation with a local solicitor and ask what your position is.

Who does the house belong to? Did a solicitor arrange the legal charge on the house? The divorce and the financial agreement are usually done separately.

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31 Dec 09 #172530 by Mullins
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Hi there, having checked through the paper work the only agreement drawn up was for the charge on the house.
The issues i have with seeking profesional advice are that because she claims income support the CSA will be involved, i know this will cost me a lot more than a mutual agreement.

  • Sommer1
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01 Jan 10 #172602 by Sommer1
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While your eldest daughter was living with you, did your ex claim the child benefit for her?

Have you records of the child support you have paid your ex wife?

I would be very careful here, if you have no record of payment, she could via the CSA chase you for back payments.

I handed over the child benefit to my ex husband when he was awarded residence of our children, I thought it legally correct that I do this. I have also paid child support to him.

Was your daughter officially living with you, as in address change, school records, doctors records?

  • nbm1708
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01 Jan 10 #172606 by nbm1708
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Mullins wrote:

Hi there, having checked through the paper work the only agreement drawn up was for the charge on the house.
The issues i have with seeking profesional advice are that because she claims income support the CSA will be involved, i know this will cost me a lot more than a mutual agreement.


Was the agreement etc that you have ever rubber stamped by the court as accepted or was it just an informal agreement agreed at mediation?

T

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01 Jan 10 #172761 by Mullins
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Sommer1 wrote:

While your eldest daughter was living with you, did your ex claim the child benefit for her?

Have you records of the child support you have paid your ex wife?

I would be very careful here, if you have no record of payment, she could via the CSA chase you for back payments.

I handed over the child benefit to my ex husband when he was awarded residence of our children, I thought it legally correct that I do this. I have also paid child support to him.

Was your daughter officially living with you, as in address change, school records, doctors records?


My daughter was officially living with me yes, i let her claim all the benefits to keep her off my back wanting more money for the youngest. The only record i have for paying her is a standing order set up in her name.

The charge on the house was done by solicitors and not mediation. If we have agreed an amount im guessing that without proper approval none of us are tied to it?
I know for a fact that if i got a solicitor to draw up an agreemant that she would say no, she would go to the CSA to see if she get get more before signing any paper.

When i pay here the 20K charge, surely she cant claim income support etc and therefore the csa dont get involved? I did notice in the paper work that 8K i gave her a while back (part of the agreement) was limited to 8k so it would not effect her benefits.

All i appear to be doing is jumping through hoops to please her, i want to settle down now.

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