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can child support be taken from any savings?

Fiona
Platinum Member

15 Jan 14 #419221 by Fiona

Reply from Fiona

Savings may be taken into account as part of the overall circumstances. The CSA/CMS have no jurisdiction when the paying parent lives abroad and doesn''t work for a UK based company. So like spouse maintenance any action for enforcement/variation of child maintenance will be based on both parents disclosing their current financial position and the s25 Matrimonial Causes Act 1973 checklist of factors, including both parents'' (and the child''s!) financial resources and the needs of the child.

However one way round the problem may be to negotiate a variation "by consent" with a temporary reduction in child maintenance until your ex finds a job or, say, time limited for six months.

Child Maintenance Options
Moderator

20 Jan 14 #419606 by Child Maintenance Options

Reply from Child Maintenance Options

Hi Persephone1

Thanks for your post, I am William the Child Maintenance Options consultant. Once a Court Order has been agreed and authorised, your ex-husband is legally liable to pay the amount the court has endorsed. However, the court does not monitor or collect payments. This means you would need to seek legal advice for any missed or reduced payments, unless you are happy to accept them.

The Child Maintenance Service calculates maintenance on the paying parent’s gross weekly income. Sixteen percent is paid for two children, however, there is reductions for any overnight stays and any other children living with the paying parent.

The Child Maintenance Service can take other factors in to account, for example ‘unearned’ income such as rental income from property or land, or dividends and interest from savings and investments.
This type of income must be at least £2,500 a year. This information can be found in the ‘How we work out child maintenance’ leaflet on the Child Maintenance Service’s website at www.gov.uk/government/publications/how-w...ut-child-maintenance.

You may wish to discuss the above information with your ex-husband and renegotiate your payments based on that information. However, if you and your ex-husband are unable to re-negotiate you will need to seek legal advice in regards to what to do next.

To find out more about all the options available for maintenance and how Child Maintenance Options can help you visit www.cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.

Thanks
William

persephone1
Posted by
Senior Member

17 Feb 14 #422732 by persephone1

Reply from persephone1

Well, just an update!

He has applied for a variation and to dismiss any arrears that accrue/have accrued.

So at least we will both have to complete form Es now (think that''s the form!) so hopefully I''ll be able to see what payoff he received and any savings and unearned income.

He didn''t make any attempt to negotiate as he signed it before the New Year. Obviously had no intention of properly discussing it which I do honestly find a great shame.

Supposedly he''s been out of work since beginning of November but he''s been pretty uncontactable over the past month with the kids so I think (as a suspicious ex wife

) he''s been doing contract work but as he works abroad how I''ll ever be able to prove it I have no idea.

Anyway, deep breaths, fingers crossed that he''ll be open and disclosed everything. Thanks for all your advice. Probably I''ll be back on here when I see his Form E!

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