Small claim by ex for verbally agreed payments.

[Just married]

i split from my wife several years ago.

 

 

I agreed to pay towards car payments and paid extra child maintenance (extra £70 month).

 

 

After my ex stopped me seeing or speaking to my children because she wanted more money

I calculated the correct child maintenance and reduced payments.

 

 

After months of no contact with my children she eventually agreed to go to mediation to resolve the issues,

I went to my session but she refused.

 

 

After 3 months of difficulty seeing my children I received a small claim for payments both arrears and until the end of the agreement, totalling thousands.

 

I offered to reinstate payments as long as she reinstated regular access

but she refused offer and further mediation through court.

 

 

Will I have to pay?

 

 

It was a verbal agreement, but so was the agreement to see my children?

 

Any advice, gladly received.

[dx100uk]

so what was the outcome of the small claim

after it went through mediation?

you heard nowt more from the court?

 

 

dx

[Andyorch]

so what was the outcome of the small claim

after it went through mediation?

you heard nowt more from the court?

 

 

dx

 

Marriage mediation..child access DX not the court claim

[renegadeimp]

I wouldnt think she could claim a thing. Theres no contract, and its why the CSA exists, or child maintenance.

[dx100uk]

Marriage mediation..child access DX not the court claim

 

 

slap him in irons for getting married!!

[Just married]

We are currently awaiting a court date after sending in the directions questionnaire, on which I stated my willingness to mediate.

 

 

I suggested mediation privately at the end of last year and she stated in an email that she was willing to engage with the process

but she did not attend a consultation when the mediation service contacted her.

 

I had been overpaying for 4 years and also paying towards the car.

I had also given my car as a deposit.

In short I pretty much gave her what she wanted,

 

 

the problems started when I looked myself at what I should have been paying and realised I had been taken for a ride.

 

When I got the claim I was more angry that she wasn't prepared to pay for mediation but she would pay to place a claim.

 

 

My defence stated that the car payments were a verbal agreement as were the number of days access to my children which she stopped late last year.

 

 

In my view it was a matter for mediation,

I was more than happy to keep paying I just wanted to see my kids.

 

 

I offered to reinstate payments to prevent the animosity of court action if my access to the children was reinstated but she refused.

 

 

Does the fact that she declined mediation or any offer matter to the court?

 

If it's down to pure money then I think the overpayments ive made for 4 years should count towards it?

 

Thank you for the responses so far,

 

 

I realise I was a bit too vague in the first post.

Edited February 25, 2015 by Just married

[steampowered]

CSA is not a maximum payment, it is a minimum. If your wife took this to court she could well get more depending on your and her financial situation.

 

However I don't think small claims is the right place for a divorce claim. Divorce disputes are usually dealt with by the family courts.

 

If she wants to go down the court route I personally would instruct solicitors to seek a contact order, which would almost certainly be granted. Before it all gets to court you would hopefully negotiate a written agreement which sets out how much you have to pay and your right to see the children.

[Just married]

Thank you for the reply.

 

 

We are already divorced 8months ago) and I have remarried with two further dependants.

I am currently initiating a contact order but she refuses to the see the issues as related.

 

 

She says i agreed to pay so i owe her.

I have always happily overpaid child maintenance but have always been able to see my children.

I only reduced the money when she stopped access and i told her i would repay it after mediation has sorted a mutually agreeable outcome.

 

 

Her view seems to be very business like which makes me think im about to lose and she will still mess me around with the kids.

 

Will her unwillingness to mediate change her position in court?

 

 

I read somewhere the judge will have expected her to have tried to recover money/mediate first?

 

Sorry, this is all very stressful and the bitterness from her has come as a shock.

[steampowered]

Hi

 

People are generally encouraged to mediate but in reality this has very little teeth and it makes no difference to how the legal merits of the claim are decided.

 

If you accept that there was a verbal contract, then I guess you would say that it was a condition of that contract that your ex would not interfere with your contact rights and that this has been breached, and hence you do not have further financial liability (although would be to resume payment if she stops denying you access). You could also say that there was no intention to create legal relations by entering into a formal contract.

 

You need to file your Defence within the timelines specified on the claim form which you have received - if you don't then default judgment will be awarded against you. Filing a Defence does not stop you trying to negotiate with her separately to sort this all out.

 

If she wants a general maintenance order as a result of the divorce, without reference to any contract, then small claims court is not the right place.

[Just married]

Thanks for that it is a bit of a weird scenario, i guess we will have to see what the judge makes of it all. I filed defence and have returned the directions questionnaire so no more we can do. Im hoping the judge will see what a good deal she had and will not reward her spite. I have written satement from her saying the car payments were good will and she does not expect it a few months ago. But im worried the judge will be very black and white about it. To be honest i am surprised they are wasting their time with it. Fingers crossed!

[Just married]

I have been reading a bit more and am I right in thinking I should have had warning about court action? The mediation I referred to earlier was family mediation that i paid for and attended and she said she would too. I am baffled that as I instigated resolving the issue and made offers and attended mediation, that I should be hit with the court process and possible costs if she wins.

[renegadeimp]

She has to comply with pre action protocol. Plus there was never any written contract so she cannot simply change things as and when she likes. There are government agencies that exist for that. It sounds like shes pulling a fast one.