Thanks for joining us on the forum – glad to have you here. You are welcome to post 24/7 but please note that our forum moderators are only here some of the time. If though you need urgent crisis help, please contact Samaritans on 116 123.
Hello I have a minute of agreement lodged with the courts which includes maintenance payments.
I have had letter from the CMS saying they can over turn this, is this possible? I’ve checked on line but due to the wording on the papers lodged it’s up to the courts to change anything, note it’s Scottish law
In Scotland child maintenance can be included in a Minute of Agreement. The terms are agreed between both parents with the help of their solicitors. Once a Minute of Agreement is registered in the Books of Council and Session, sheriff officers can take action if maintenance payments stop.
There will be a cost involved in setting up a Minute of Agreement and it is not as flexible as a private agreement.
If you have a Minute of Agreement you cannot use the Child Maintenance Service for the next 12 months.