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How can I ensure maintenance agreement is met?

  • Pumpkinhead12
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27 Mar 10 #194691 by Pumpkinhead12
Topic started by Pumpkinhead12
Hi all,

My divorce went through a couple of years ago and the result of our private settlement was that I paid her a fixed amount up front and she would pay me 15% of her net salary until our daughter turned 18 (modelled on standard csa formula) I overlooked placing in the agreement a clause periodically calling for evidence her salary had not changed. I'm reasonably confident that it will have, but the payments are unchanged. I'm fairly sure that a request for a recent paystub will fall on deaf ears, if so, what recourse do I have through the court to request this? Do I need to provide some sort of evidence for grounds of my suspicion?

I hope I'm not sounding too petty, but I was honest and accurate throughout the financial declaration stage and I kind of expect the letter of the law to be adhered to in this case.

Hope there is a simple process for this,
Thanks,

Pumpkinhead

  • .Charles
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28 Mar 10 #194782 by .Charles
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You say you have a private settlement, did you confirm this with a court order?

If you are concerned about the level of payments, you can apply to the CSA to deal with the issue formally providing your daughter is in full-time education. Once the CSA letter comes through, it might spur your ex into disclosing the documentation you seek in which case you can call off the CSA.

Charles

  • femellabates
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12 Apr 10 #197804 by femellabates
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the csa is the answer, they will request recent payslips and if she does not provide them they will contact her employer and implement the assessement anyway. if she then prefers to play ball you can close the case. however i would leave the case open and you can request a periodic review annually. if there is a court order in force the csa will cancel it and their assessment will kick in after 2 months and 2 days.

  • Ursa Major
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13 Apr 10 #197854 by Ursa Major
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Well I'd ask her for her last three payslips first, and if she says no (or "forgets")remind her after seven days (saying you would rather keep it between you than go to the CSA), if nothing after another seven days then go to the CSA.

However beware of usetting the applecart - CSA will start at 15% and then reduce according to the amount of days your daughter spends with her mother.

Unless you feel your ex has had a promotion, or the payrises are likely to be hefty you may be well advised to tread carefully.

I assume if she has had a pay cut you will accept less?

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