Welcome to the DAD.Info forum: We are not open to new posts at this time
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi There,
I am currently going back and forth with my ex whilst trying to agree to our child's maintenance, visits etc which is all going well and just about there for sign off, however a clause has been added to the very last stage before signing off stating that I have to agree to a increase on my monthly maintenance fee we have agreed after 12 months and every year following that?. Is this true, do I have to agree to this?
I look forward to your response
Kind Regards
Duncan
Hi Duncan
Thanks for your post and welcome to Dad Talk. I hope we can help you out.
From what you say if negotiations have all been going well up to this stage, it sounds as if perhaps your ex has been swayed by the advice of her solicitor. Have you spoken to your ex about the reasons for moving the goalposts at such a late stage. If you can talk to her in a non-confrontational way about this, the reasons may become clearer.
However, I am not an expert and have passed on your question to our legal team for their response.
Regards
If you're not using the CSA, you don't have to agree on anything, but it may scrap the rest of the deal if you don't. I'd say it depends on what she is asking for - if you are at, or near agreement, and the increase is modest, then consider the cost of it against protracted legal costs, plus if you can agree, it makes life so much easier later on if you can be reasonable with each other.
I think that either of you can ask the CSA to step in after 12 months anyway (but check this), in which case the calculation is basically 15%, 20%, or 25% (depending on 1,2 or 3+ children) of your income (there are a few allowable deducations, but the principle is simple), so that would increase in line with any increase in income.
My advice would be to base your payment agreement on a percentage of income rather than a set increase - that way hopefully your ex will be happy and, in my opinion, it's a fair way to do it.
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
