Child maintenance in MOA

After a long slog we have finally received a first draft moa in relation to my party''s divorce. There are a few minor tweaks/negotiations required however the big concern is the section re child maintenance.

My partner has three children with his ex. He has a specialist job that tends to only allow for short term contracts and these are not always easy to find. This means that when he is working he generally earns well however there can be substantial periods between contracts, in other words he earns nothing.

Child support has always been between the two and he pays dependant on his earnings from whatever contract he is on. We always calculate this using the CSA online calculator, taking into consideration the usual things like overnights with us etc. I accept it''s not ideal as it can vary from very large monthly payments to next to nothing, believe me we hate this too and struggle month to month (I should mention my partner is bankrupt so there are no assets or savings etc).

Having now received the minute of agreement it has been written into it by her lawyer that he will pay £199 per child per month (£597) and that this amount will increase by 4% every year until the children are 18. The youngest two, twins, are currently 8. Effectively this means that by the time the twins are 18 he will be paying circa £800 a month.

The issue we have is this. That amount (£597) is what he has paid the last five months, the reason being he had a 6 month contract, which was a huge bonus as usually he finds work for two/three weeks at a time (offshore). That contract ends on December 10th after which my partner will need to sign on and hope something comes up.

After this month my partners income is zero and the nature of his work means it will always be up and down (something his ex knows). In the circumstances use simply can''t commit to a set amount each month. H simply does not make enough money and has long period of unemployment. Add to this the we hope to start a family of our own therefore these amounts are impossible for us to pay.

My question is this, is this wording standard and can we have something more flexible in a moa to reflect the changing income my partner has? Bottom line he can''t pay what he doesn''t even earn and there seems little point agreeing a set amount only to fall into arrearsand have to apply to have the order varied.

He shouldn''t sign the agreement if he can''t keep to it. If he signs he is locked into it for 12 months and he would need to apply to court to vary the amount he paid. It''s difficult to word a Separation Agreement so that payments are flexible. The alternatives would be to agree a family based arrangement or make payments through the CSA. Have a look at the CM Options website.

Hi Fiona, thank you. That is the crux of what we want the moa to reflect. Namely that payments will be be by arrangement as per CSA guidelines. Essentially what they do already and have done for the last five years. The £599 in the moa is only what he has paid for the last 5 months on te basis of his current contract, after which the amount wil change again depending on his next pay scale, often she gets more than £599 a month but is totally dependant on what work he finds and when. Do you know if it is possible to have wording to that effect? We are seeing lawyer on Friday but I''m worrying sick that this will hold things up so jumping the gun and asking the question here.

The wording is fraught with difficulties. For example, CSA rules include verification of income and if a separation agreement states CM as per CSA guidelines it leaves open who is to verify the income, when and how. That is why it is usual to agree a flat rate with perhaps an annual increase. It would be better to say that CM will be paid voluntarily or through the CSA.

Thanks Fiona. Having spoken with the ex it seems she is agreeable to this and is happy for the current arrangement to continue. She insists she asked her lawyer not to send that wording as it does not reflect how they work. She understands how his work is, having been that way when thy were married also. Finger crossed and thanks for your advice.