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The X isn`t sticking to a separation agreement drawn up with a slicitor...can I make him pay??

3 replies

bibiurban · 28/11/2013 17:02

After 3years of being separated my x ow has decided to dropthe amount we agreed to by almost half claiming that as his circumstances have changed (new bird with 3kids to support + going self-employed) he cannot afford to continue paying me the agreed amount...can he do this?!?!?!?!?!

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KringleCandleLover · 28/11/2013 18:30

If he is not paying through the CSA then he can do what he wants.

Is he paying through the CSA? If he is and his circumstances have genuinely changed ie new gf with dcs, then his payments will be reduced.

The same with a wage decrease I'm afraid. He will only be entitled to pay 15% of his income and will get an allowance for having 3 children in his home to support.

If your arrangement is private, I'd consider the CSA as your first port of call.

Although, to decrease your payments by half sounds iffy..

My exh, a few yrs ago, tried this as we had a private agreement. The CSA sorted out the correct payments for me. It took a few months though.

Hope you get this sorted.

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elastamum · 28/11/2013 23:38

If it is a court order he can get the child support piece varied through the CSA, but he cant just stop paying it or decide to reduce it on a whim. A court order is binding unless it is varied.

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balia · 29/11/2013 11:09

If the court order is over a year old then i think he can apply to the csa - if his cirs have changed then the amount will change. He can't pay money he doesn't have.

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