Re:Minute of Agreement

I am in the process of separation and my ex whose Father was a Solicitor is very into the legalities of this. The only issue I have on the MOA is relating to the child maintenance. I am self employed and my income is variable and sporadic. If I enter into a MOA say to pay £300 per month and I cannot afford to pay it what scope is there to amend or get out of it and how long after the start of the agreement could this occur. EG if one month after signing the agreement I did not have any income and couldn't pay can she enforce the agreement?

There can be difficulties in the future when the amount of child maintenance isn't a fixed amount. For example, if the amount is expressed as a percentage of income the definition of income, whether there are to be reviews, how income is to verified and by whom etc etc can be very unclear.

When a fixed amount is agreed there is the risk of being liable for payments should your income decrease, but there is also a risk that the parent with the majority of care loses out should your income increase.

In any event the Minute of Separation can be varied either by agreement or, if it is within one year of the date of the MoS, through the courts. After one year it is open to either party to apply to the Child Support Agency and the MoS in relation to child maintenance ceases to have any effect.

In effect the MoS is really only valid for 12 months? Thereafter it would be up to the CSA?

Divorcing couples may enter into an agreement in the form of a registered minute in Scotland. After one year either party may ask the Child Support Agency to carry out an assessment (the 12 month rule.) At this point the CSA should notify the courts and the minute of agreement ceases to have effect. Unless this happens the separation agreement is valid and you are liable to pay any arrears.

What happens if I decide not to work at all? After the stress of the break up and various other issues I am contemplating taking a couple of years and touring europe/world. If I was not earning is she entitled to payment?

Children of separated parents often do badly in the long term because of a lack of resources so one of the most important contributions a parent can make to the welfare of their children is financial.

When circumstance change within the year a reduction to child maintenance would need to be agreed or you would need to apply to court for a variation. The courts would consider whether giving up your job and not providing for the child(ren) was a reasonable thing to do and can award maintenance anyway.

If you travel abroad the CSA would have no jurisdiction over child maintenance, it would remain with the courts and there are reciprocal arrangements with many countries for enforcing maintenance orders.

Fiona
I appreciate fully what you are saying and understand fully the moral issues and fully agree with them.
The full situation is this. My x inherited a substantial amount of money (over inheritance tax levels) and a house and left me with a substantial amount of debt after having an affair. She is an only child who always had someone bailing her out of financial difficulty. For the years of our marriage despite the fact that for 50% of the time she earned more than me I still bailed her out. The kids came along and my business was successful I fed her habit until the recession.
My fear is solely for the children she currently has substantial resources to raise the children on her own and I currently am being hounded by the banks my only saving grace is the equity in the house my only asset. My business is in trouble and I am about to sign on for unemployment.
I am happy to set the funds aside for my children's needs but if I give my ex £5 she will spend £10 i need/want my children to be secure. I know she is still over spending from the comments my children are making.