child support reduced

My ex has changed the amount of child support he pays. We have a Separation Agreement which is less than a year old. He did not request a review of maintenance as per the agreement and has not advised of any change in his income.

He now wants to pay the eldest child (who is now 18 but still in education)direct but only on the condition that child goes to speak to him about it. (he has not spoken to any of the children for over a year so this is not a route child wants to go down).

My understanding is that we have to stick to terms of agreement for a year, unless he requests a review, but after a year it can be covered by csa rules if an agreement cannot be reached.

I spoke to CSA when we first separated but this was a few years ago and at the time they said that maintenance would be due while I received child benefit/tax credits and the chld was in non-advanced education. This would mean maintenance due until August.

Just wanted to check facts before contacting ex. The maintenance is not much so not worth getting solicitors involved so I am trying to deal with him direct and need to make sure I have my facts right.

The separation agreement is a legally binding contract and effective until child maintenance ends under the terms of the agreement, the terms are varied or the agreement in relation to child maintenance ceases to have any effect.

When the separation agreement has been in place for a year either party can apply to the CSA if the child qualifies, the CSA notifies the court and the separation agreement ceases to have any effect. In the meantime any arrears can be enforced through the courts like any other debt.

In Scotland there is a general obligation for all parents to support over 18s in education. Children staying on in further or higher education can apply for "aliment" from parents in their own right and they are eligible for legal aid.

thanks for reply fiona. I have since spoken to csa for advice. Explained to ex what they said and that I am happy for them to deal with it once the agreement is a year old if ex is not prepared to discuss things with me.

He insists he is consulting a lawyer and also threatening to become unemployed rather than pay any maintenance. He has put this in writing so there is proof he has said this.

He probably has money left from his share of the house and could survive without a job for a while but would a deliberate attempt to avoid maintenance make any difference to CSA or a court?

Basically I have to weigh up if it is worth the cost of fighting him or if it will actually cost me more in legal fees than I would get in child maintenance. Or could I ask for him to pay costs if it came to court as I have offered mediation/csa which would cost both sides less?

Payers of child maintenance often make threats not to pay but rarely does someone actually quit their job. Rarely is someone that bitter. IT would be cutting off their nose to spite their face because it is harder to find a job when they are unemployed, the longer they are unemployed the less likely they are to get another job and they will be missing out on age increases, promotions and pension. The ramifications are longer lasting than the payment of CM.

The courts have some discretion and there is a dim view of those stop work to avoid CM. IT isn''t possible to get blood from a stone but if there are other assets the court can enforce the order. Going through the CSa is a different ball game and the basic assessment is based on income only so if there is no income there is no CM.