Not paying maintenance and visitation question

[HelpMeDoThisPlease]

Hi all,

I'm hoping someone can help me. My ex and I had an agreement that he would pay me maintenance for the girls to the amount calculated by the child maintenance calculator every month. Well this month he has decided to pay me £200 short. I am now going through the child maintenance agency to get them to deal with it going forwards, but obviously they can't claim this amount back. Is it possible to do so through small claims court? I do have it documented that he is docking the amount (he admitted to it) and an informal parenting agreement that says he pays the calculated amount.

On top of this I have a second issue. He has the kids every other week for 1 night mostly (though this is hit and miss) and sees them also every Saturday. He has since told me that he can't provide cloths etc for them as he is living out of his car while waiting to be able to buy a place, and that when he has them they stay over at his girlfriends. The last time he had them he left the eldest with a broken tooth for 3 days, told her not to brush it, and now I'm having to take her to the dentist as he has neglected to do so.

We don't have a court order for when he has the kids, just an informal agreement between us. I now don't feel comfortable with him having the girls overnight. Legally can I reduce this to just him seeing them on Saturday day times?

Thanks

My off the cuff thought about suing him for breach of contract is that I don't see why you shouldn't. Presumably the agreement was that if he paid the agreed sum you wouldn't seek CMS involvement.

As there is no court order for contact you can try and vary it if you think that is in your children's best interests. It does sound like the arrangements have changed - but what do the children say about it? If they're happy going there why change it?

I would get an agreement. While you just chat about it I don’t think it’s legally binding and neither of you have anything to stop changing the arrangements. If he’s living out of a car, it would ring alarm bells for me! I would think he doesn’t have much money!

Think you need to get this sorted in court so future difficulties are alleviated. Think you have a lot of trouble coming throughout their young lives as he will always be trying to wriggle out or be inadequate in parenting.