My partner had an agreement with his ex – now she has changed her mind and has gone to the CSA

July 10, 2013

My partners ex made a deal with him that if he only took 10k out of the equity in the house (leaving her with 50k equity) he would not have to pay maintenance for his youngest daughter at the point his middle daughter turned 16. Now she wants maintenance! Rang csa they said basically tough you have to pay!!!!! Yet she has 20k of his & apparently this does not matter!
Can he take her to court for going back on the agreement or does he fight CSA!!!

She has in the past got in touch with csa but was told she couldn’t have anything as he had been made redundant! While he has worked he had always paid her!
The first 18 months he paid £250 a week, did not take anything out of the house!

He left the equity to ensure his kids didn’t have to move as she said if he took equity she could not keep the house, unfortunately the only proof of anything he has is the amount of equity in the house as he always said she would not go back on any agreement she’s not like that!!! She lives the highlife claiming disability that is clearly not needed, holidays with no kids……. All the usual!
What can we do??????

Comments

  • Adrian says:

    I had same problem. The greedy greedy bitch. Right rant over and basically the answer is yes. You can take her to court. Basically a verbal agreement is a promise to carry out that agreement. A bit like a gentlemens handshake. Your solicitor will be able to tell you more.
    The property is nothing to do with the children. So remember this when proceeding with the courts. At points you’ll think is this really worth it but the judge will look at how long they had the property together. When he left and payments on the property. She may say that she received it as a gift. In your defence it is a gift with an outcome that it be repaid in the future.
    The other thing you can do is register your Intrest on the property. This will flag up in any future sale of the property and will almost certainly stop the sale of it.
    The other thing you’ll need to do is get payment records from the mortgage provided. Don’t just rely on bank statements. You need full breakdown. Depending on mortgage type
    Good luck and I hope the greedy bitch gets what’s coming

  • andy says:

    May have been an idea to have gone to a solicitor to have this previous agreement in writing. A mate of mine agreed a certain amount with his ex, and because he didn’t trust her, he went to a solicitor to draw it up and both signed it. Now, he only pays x amount per pay packet until she reaches 10yrs old. Anyway, she found out he had a massive annual bonus because his employers exceeded their forecasts and growth plan. She now wants a cut of this too, but this was not in the agreement, so she tried to go through CSA. CSA contacted my mate, and he informed them of the signed legalcontract. Because of this the CSA could do nothing, but as they’d already started the ball rolling and had incurred costs, they actually billed HER (over £1000 by all accounts) because she never declared the contract.

    Now, before you go attacking my mate for not giving her any of his bonus, he has (because of the size of his bonus) put 50% in a high interest account for his child. From what I’ve seen, it’s a 5-figure amount too. He, like many other NRP’s like myself, may have an issue with paying through the CSA, or paying money to the PWC, but not the child, AS IT SHOULD BE!

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