Garner & Hancock, Family Law

Family Maintenance Agreements

How to secure payment for your children

What are they?

Take the acrimony out of agreeing children’s maintenance with your former spouse/partner, ¬†with this very useful agreement.

When making arrangements about children with your ex-partner it is best to have an agreement in place. Such agreements are a record of intention and can be raised in Court if such agreements are not adhered to.

This can avoid a long, expensive and stressful court battle that will be no good for your children.

We can help in formulating the agreement and advising how they could be used as evidence in any future default or disagreement.

How do they work?

We shall work out for you, what you need or need to pay. We then let you approach your spouse directly or through a mediator justifying this sum.

We shall then draft the agreement and keep a signed copy on our file for 6 years (longer if you need to).

Are they enforceable?

They can be used as evidence of both your intentions. The court would then look at all the circumstances and make an order which is then enforceable.

What if my spouse/partner defaults on the agreement?

At the outset we would write to them and then threaten court action if that is appropriate. We would also recommend mediation which would avoid an expensive court battle to discover the reason for default.

What if I cannot pay?

We do not recommend just stopping paying. We suggest you contact your spouse to explain the situation, then go to the Child Support website to work out what you should be paying based on your current salary, then again approach your spouse. If this does not persuade your spouse we shall then write a letter explaining why you are reducing or stopping your payments. This will help in persuading any Judge looking at this in future court proceedings that you have been reasonable.

Free Consultation

If you would like some help or advice, then please feel free to call to arrange a conversation on 0208 232 9560, or drop us a note using the form below and we can book you a call with a solicitor.