I was divorced in Scotland in 2009 and signed a Minute of Agreement with my ex- wife covering all aspects of the divorce including child maintenance for my daughter. This agreement makes me liable to pay child maintenance until my daughter is 25 if she is in full-time education. This is far in excess of the CSA requirements and fortunately, the minute of agreement states that the CSA can overrule the child maintenance provisions. However, I cannot apply to the CSA, as I am working in Switzerland.
I am hoping to retire next year, when I will be 60 and my daughter 18. I want to help her through through university university's she wants to go, but not at the current maintenance rate of 1000 pounds/month. I feel very trapped by this minute of agreement and have even contemplated returning to the UK before my daughter leaves school next June, to make an application to the CSA. However, this would leave me without a job, which would be a long term financial disadvantage to everyone.
Does anyone know another way out of this mess?
I'm not sure that you can't use the CSA if your ex is in the UK - is this something you've checked. Also, are you working for a UK company, even though you are out of the country? If so, then I'm pretty sure the CSA can act in those circumstances.
Thanks for the feedback!
The CSA website indicates that:
"When a paying parent lives abroad, the Child Support Agency (CSA) and Child Maintenance Service can only help if they work for certain types of organisation."
The types of organization are:
"The CSA and Child Maintenance Service can only help if the paying parent who lives abroad is:
a civil servant
working in Her Majesty’s Diplomatic Service
a member of the Armed Forces
]working for a company that is based and registered in the UK
working on secondment for a ‘prescribed body’, like a regional health authority or local authority"
Unfortunately, although I am working for the same company as in Scotland, I have a local contract with the Swiss part of the company.
Any other ideas?
I'm out of ideas I'm afraid - may be worth having a word with a Scottish Solicitor to see what the chances of getting the minute changed.
Hi Biffy
Thank you for your post. I am William the Child Maintenance Options consultant. The enforceability of a Minute of Agreement, sometimes referred to as ‘Separation Agreement’, is based upon how it is registered in the books of Council and Session.
At the end of the Minute of Agreement deed there will be one of the following terms:
‘Registration for preservation, this means that the agreement is not enforceable but has been documented.
Or
‘Registration for preservation and execution’ which means the agreement is enforceable and has been documented.
Being registered in the books of the Council and Session means that Court proceedings are not always required, as a result should it need to be reviewed within the first 12 months applying to Court may not always be a necessity if the party seeking the change can demonstrate the reason for the amendment and both parties are able to agree a new sum that reflects the facts.
With you having a Minute of Agreement in place, you will need to seek legal advice to see if you can change the terms of your arrangement. You may wish to speak to the solicitor who started the original proceeding or you may wish to look at the following link: https://www.gov.uk/find-a-legal-adviser for further information.
If you find you are able to change your arrangement you may be able to apply for a court order for maintenance to be made. This can then be enforced by the Reciprocal Enforcement of Maintenance Orders (REMO). This is an agreement set up via the British Government, with other countries including Switzerland, to enable citizens to receive maintenance if a parent lives abroad. You can find a full list of participating countries at www.justice.gov.uk/downloads/protecting-the-vulnerable/official-solicitor/reciprocal-enforcement-of-maintenance-orders/remo-location-list.pdf
Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. Before 10 December 2012, the upper age limit was 19.
Education must be full-time (more than an average of 12 hours’ supervised study a week during term time) and ‘non-advanced’. This includes:
GCSEs
A levels
iGCSEs
Pre-U
International Baccalaureate
NVQ/SVQ level 1, 2 or 3
BTEC National Diploma, National Certificate and First Diploma
SCE higher grade or similar
It does not include ‘advanced’ education, eg:
a degree
Diploma of Higher Education
NVQ level 4 or above
BTEC Higher National Certificate (HNC)
teacher training
We have a Sorting out separation web-app on our website at http://www.cmoptions.org/en/sortingoutseparation/index.asp that you may find useful as it offers help and support to separated families.
To find out more about how Child Maintenance Options can help you visit cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.
I hope this helps.
William.
thanks for the replies I have looked at the course it is a foundation degree with an option of taking a further year to make it the full degree. I presume that this is university level and I therefore for have to pay? Still confused and hoping for further advice and clarification. Thanks.