Ex not sticking to written agreement.

[baabaapinksheep]

My ex and I have a written agreement which was drawn up by my solicitor, and part of it stated how much maintenance he would pay. This amount is quite a bit higher that csa would make him pay, but he agreed to pay it. However, over the years he has paid less to the extent he now owes over £500!

I now get the feeling he is going to stop paying altogether, is there anything I can do about it? Would our agreement stand up I will court?

TIA

Stand up in court*

Only the CSA can set maintnance if it's not voluntary, or part of an agreed court order within divorce. So it's not enfoceable if it's just a side agreement.

When you say you have a written agreement do you mean you have a child maintenance agreement as part of a consent order settling the finances on divorce and if so what is the date of the order?

We weren't married. The agreement sets out the contact arrangements (which he hasn't stuck to) and how much maintenance he will pay. We both agreed the amount was reasonable.

Unfortunately it isn't a legal document then and he doesn't legally owe any arrears. It's just a written agreement. Arrears will only gather if you have a CSA case open and he isn't paying what he is assessed at.

It's up to you really to decide whether you want to continue to receive the amount now, especially if it is higher than the CSA amount or risk applying to the CSA and him paying the lower amount, but arrears being enforceable.

Thanks, I thought that would probably be the case.

Not sure where to go from here, will have to have a think.

Go to CSA, exactly dame thing has happened to my best friend & it has taken her YEARS to get the money back.

It makes me sick that the bloody solicitors draw up expensive documents that DON'T actually have any legal weight.

My last post crossed with Collaborate. I'm not a solicitor but I seem to remember having seen recently an example of a voluntary agreement on the Resolution website that may be enforceable in the small claims court. Maybe one of the solicitors can clarify.

That's interesting STIDW I wondered about taking him to the small claims court for the amount he hasn't paid to me.