Child Support and Court Order

Hi

When my ex wife and I broke up it suited her to put a contact order in place, in order to make the process more financially secure for her and her boyfriend.
Since our divorce and before, I have been paying child maintenance based on contact twice a week. However, my children have always stayed more than that, and this year U decided to keep a spreadsheet of how many nights they have stayed - and by the end of the year it will be over 150 nights.

Do I have to get the court order adjusted before I go to the CSA or can I go straight to the CSA to get payments adjusted?

If I need to go to court can you advise me the best way - As lawyers financially killed me last time.

With Thanks

NoJustice

A contact order wouldn''t have detailed any child support payments. Are you paying child support as set out in a Consent Order and if so, how old is the order?

If you are paying via the CSA then you would need to contact them (or the CMS which now replaces the CSA).

If you are paying via an informal arrangement then you can just advise your ex that you intend to reduce payments.

Do you pay child support via a court order or CSA?

If it is by court order is it more than 12 months old?

When there is a dispute about the number of overnight stays the Child Maintenance Service must first consider the terms of any parenting agreement or Contact Order but may seek further evidence e.g. your spreadsheet.

In the first instance you should contact CM Options for advice. Then if you apply to the CMS or apply for a revision you could apply to vary the Contact Order to reflect the reality of the situation if your evidence isn''t accepted.

Yes, the court order is about three years old, possibly more (without looking it up). Does that mean it is no longer valid?

Thanks

Is it a contact order or a consent order?

Either a Consent Order or a Contact Order would still be valid after three years.

When child maintenance is agreed in a Consent Order settling the finances on divorce normally either parent can apply to the Child Maintenance Service after 12 months of the Order. The exceptions are if the order predates 3rd March 2003, one parent lives abroad, there are step children, children over 18 in higher education or training and when care is shared exactly 50:50.

If after 12 months an application is made to the CMS when the CMS process the application the court is then notified and the Consent Order ceases to have any effect with regard to child maintenance a couple of months later.

A Contact Order (or a new Child Arrangement Order) is valid until a child reaches 16 unless the terms state something different.