\"Maintenance Agreement\"

Hi

I keep seeing reference on the internet to the above terminology "Maintenance Agreement"

for example - by enforcing a Maintenance Agreement made between the parents for the benefit of their children

Is this "Maintenance Agreement" just another way of saying Consent Order or could it be be another kind of agreement made between PWC and NRP ? (For example my Separation Agreement )

Thanks to anyone who can comment !


poppy

It means an agreement made outside Court such as a separation agreement. These can be made into Consent Orders sometimes but that doesn't much matter, in this context.

it might be child maintenance?

Thanks for such a quick response !

So divorcesolicitor, to clarify, am I in a position to ask the courts to enforce the terms of my separation agreement regarding child maintenance ?

The CSA were not involved at the time although they have now been instructed. I am currently going through ancillary process and there are arrears of spousal and child maintenance due that i am asking for as a lump sum.

I am struggling to find anything helpful on the internet that relates to my circumstances so any advice most gratefully received.

Thanks

poppy

I am a little confused as I understand the CSA is involved and you are also going through Court.

But, in general terms, a maintenance agreement (which is often part of a separation agreement) can be dealt with by the Court under s 35 Matrimonial Causes Act That is probably the best method of dealing with this as you already seem to have the Court involved. I would ask the Court to vary the agreement upwards and then ask them to enforce it.

Although, as in all law, the devil can be in the detail of your case!

Hopefully, he will see sense and offer you a lump sum to resolve all these issues.

Hiya

The CSA were not involved at the time the Separation Agreement was drawn up but after 2 years of non-payment(and promises by NRP) the application to the CSA was made.

So, in short there is a period of time (2 years) that

the NRP paid no child maintenance,

that the separation agreement existed and covered,

that the CSA application does not cover because it was not applied for,

for which the NRP has since received redundancy pay and PI compensation for lost earnings due to sickness/accident at work......

Does this make sense ?

I feel stuck in no man's land

poppy