Citizen's Advice Q&A

A Citizen’s Advice.

A local expert from Citizen’s Advice answers a question from the public. This Month: Difficult Child Maintenance Agreements

Q: “My relationship with my ex has been difficult for a couple of years, but we have always maintained communication for the sake of the children. Our daughter is now 14, her relationship with her father has deteriorated and she is saying she no longer wishes to visit him at weekends. He has agreed this is fine - but says that in that case he is no longer willing to pay child support for her. I can’t manage without the money he gives me for her upkeep. What should I do?

A: Child maintenance is an arrangement between you and the other parent of your child. It covers how your child’s living costs will be paid when one of the parents no longer lives with them. It’s made when you’ve separated from the other parent (or if you’ve never been in a relationship). Both parents are responsible for and are expected to pay towards the cost of bringing up their children, even if they do not see them.

Child maintenance can be either a private arrangement between you and the other parent, or made through the Child Maintenance Service - a government scheme. If your ex-partner continues not to pay, you may need to approach the Child Maintenance Service: they will contact your ex-partner,

Both parents are work out how much s/he responsible for wshould be and are expected to pay towards the paying and, if necessary, collect the cost of bringing up money on your their children, even behalf. if they do not see You may have them. to pay a £20 application fee though you will not need to pay the fee if you’ve experienced domestic abuse.

You need to have child maintenance arrangements for children under 16 (or under 20 if they’re in approved education or training). If you make a private arrangement you can of course continue paying after then. If your current agreement is a private arrangement and your ex-partner refuses to pay, you can search for a local mediator to help you work out child maintenance arrangements.

Read more about child maintenance: • Citizens Advice website • Money Advice Service • the government website.

Preparing Land for Sale

Whilst most property transactions generally proceed without major issue, there are sometimes avoidable problems that can occur.

Sarah Dunlop, Associate in Blanchards Bailey’s Agriculture & Estates team, shares her top tips on how you can prepare for selling your land:

Wouldn’t it be wonderful for all property transactions to proceed quickly without any hiccups causing delays? Once you decide to sell your property often you want to press ahead as quickly as possible. A little preparation can really help. Here are my top tips to consider before you proceed:

Know what you’re selling.

The first port of call would be to review your title documents. If the property is registered at the Land Registry, does the title plan accurately reflect what is on the ground? If your land is not registered at the Land Registry, do you have all the necessary title deeds? You might be surprised to know that circumstances have arisen where legitimate parties try to sell property that is not in their name, though they occupy and are beneficially entitled to the property.

Speak to your lender.

If you have a mortgage, it is worth making contact with your Lender to ensure that your charge can be redeemed on the sale and to be clear on whether you have any early repayment charges. If you are only selling part of your property, your lender will require sufficient loan to value security so you should make enquiries as to whether they would be willing to make a part release of your security and on what conditions, if any.

Consider access issues.

How is your property accessed? It is not uncommon in a rural area for there to be undocumented access to property and this will inevitably be raised by any prudent buyer.

If your property is occupied, how is it occupied? It is often desirable to have a formal agreement in place and information concerning occupation should be provided to your lawyer from the outset.

Speak to the experts in their field.

Also, I highly recommend that you engage with a reputable land agency to help market your property. They will be able to guide you to the right time and method of sale that would best suit your circumstances and your land. Any additional considerations should be negotiated into the memorandum of sale. For example; if you are selling at mid-season and wish to retain a crop, this needs to be made clear from the outset and communicated to your buyer.

Know the real cost.

Lastly, it is always worth speaking to your accountant prior to disposal as there could be tax implications on your business and the opportunity could be taken to reduce any tax potential liability by forward planning.

By following these top tips, you can help iron out any bumps in the road of selling your land before they arise. If I or any member of the Agriculture & Estates team can assist, please do get in touch on 01258 459361 or email sarah.dunlop@ blanchardsbailey.co.uk