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legality of Divorce papers
I am weeks away from my divorce being finalised. When my ex & I completed the forms for divorce, we obviously had to give details for the child arragements for our two kids. Dad saw the kids twice a month & paid maintenance for them. The amount was written within the papers...everything was noted-What he paid & when he saw them, if things were amicable between us....which it was. All was ok. Alot has changed now. He initially stopped paying the agreed amount, so CSA got involved. Doesnt see the kids really. Lost interest-all the usual. Where do I stand legally with regards to the divorce...meaning at the time of filing, all was perfect. He was paying & seeing the children. When I receive the divorce certificate & all papers saying its now complete.......Can he be made to have to go back to paying the original amount stated in the papers that he signed? And what about not seeing kids? Pls offer any useful advice
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For more on marking an answer as the "Best Answer", please visit our FAQ.I'm a little confused as you exactly where you are in your divorce process and it is unclear when you refer to papers and filing. There are several stages and many forms.
Do you have your decree nisi?
Did a judge at the courts sort out your financial arrangements (court order) or did you do it between yourselves (consent order)? Have the Child maintenance payments been included in either of the above orders?
You cannot force him to see the children.
The CSA can enforce collection of their assessed maintenace payments.
You can return to the original agreement and if it has gone through the courts and has been made into a court / consent order, the courts can enforce it.
Do you have your decree nisi?
Did a judge at the courts sort out your financial arrangements (court order) or did you do it between yourselves (consent order)? Have the Child maintenance payments been included in either of the above orders?
You cannot force him to see the children.
The CSA can enforce collection of their assessed maintenace payments.
You can return to the original agreement and if it has gone through the courts and has been made into a court / consent order, the courts can enforce it.
Yes I have decree nisi. We sorted financial arrangements ourselves....tthe child maintenance payments where orignally made to me & it was noted within the papers how much he pays. He's now stopped paying me & seeing the children. I got the CSA involved & they've calculated what he should pay.....not sure if he will do as instructed as yest, so will have to wait & see. The amount they've said is no where near the amount we both agreed before filing for divorce......so my question was....when we receive decree absolute.....can he then be made to pay the amount he stated he was paying in the papers or will he have to pay the amount the CSA have calculated. I'm aware he can not be made to see them. Thank you for your advice. If you could elaberate further now I'v given you more details. Thanks.....
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