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Child Support Upfront

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heiney
Posted by
New Member

15 Nov 17 #497633 by heiney

Topic started by heiney

Hi,

My ex-wife has asked if I can pay the child support (2 years remaining) upfront, in one lump sum, worked out as 24 months (2 years) x the current monthly amount I pay her. She said she would prefer the complete sum. This is OK for me but I'm wondering what kind of document I need her to sign, as I want to avoid sending her the money, and then a few weeks later her potentially saying 'where is the child support for this month etc.?). Can anybody advise what the name of the document is that I need her to sign - is it a statutory declaration, or perhaps would an email (or simple signed letter) even suffice?

Regards,

Heiney

spinit
Platinum Member

15 Nov 17 #497635 by spinit

Reply from spinit

Either she doesn't realise or this is a setup. The courts do not deal with child support any more and there is no document you could get her to sign that would remove your obligations to pay child support under the child maintenance Service. An assessment by them the day after you handed over the money would trump any court order or document you could get made or signed. If you setup a separate account, place all this money into that account and setup a standing order to go monthly then you can both forget about it but if you hand over everything now you open yourself up to her making one phone call and you paying double.

elizadoolittle
Platinum Member

15 Nov 17 #497649 by elizadoolittle

Reply from elizadoolittle

In my Consent Order there was a clause saying that I would not contact the CMS if he paid* - surely something similar could be drawn up to say that this money is in lieu of monthly payments? I know of others who on divorce have agreed eg to keep the house in return for absolving the ex of all child maintenance obligations.

I had forgotten this, actually, but though my ex did not pay, I did not pursue him - he was claiming to be penniless despite having taken half the equity of our home and indeed he did subsequently go bankrupt. So take my advice with a pinch of salt by all means, but it seems to me an agreement could be reached and documented, since you are both happy with a lump sum payment?

spinit
Platinum Member

15 Nov 17 #497651 by spinit

Reply from spinit

It's still not going to override a phone call to the CMS, I've seen this happen several times now where there is a court order that states all child maintenance has been paid and the ex wife call's the CMS and finds out it still doesn't count so goes ahead with the CMS claim.

If you pay this money up front be prepared to pay it twice.

Child Maintenance Options
Moderator

16 Nov 17 #497661 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Heiney

An arrangement for child maintenance can be set up legally via the courts in the form of a Consent Order in England and Wales and Minute of Agreement in Scotland. This is an agreement where you and your ex-wife, with the support of a solicitor, would need to agree what to include then the agreement is presented in court and is ratified. As there are usually costs involved in this type of agreement they are usually done at the same time as parents are going to court for other things such as divorce or a division of assets.

Consent Orders that are endorsed after March 2003 are not legally subject to change unless they have been in place for at least 12 months. After 12 months, either parent can then apply to the Child Maintenance Service and the Consent Order will no longer be valid. For information about Consent Orders, or a legal agreement for a lump sum payment for maintenance, you will need to seek legal advice.

You may also be interested to know the Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.sortingoutseparation.org.uk/

For more information and for a more personalised service, you may wish to visit the Child Maintenance Options website yourself at www.cmoptions.org.

Regards

William

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