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Mother wants to goto Court over money

  • mike12
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26 Nov 17 #497827 by mike12
Topic started by mike12
HI,

My ex / mother of the children wants to go back to court to apply for maintenance / extra income. We finished Ancillary relief 4 years ago, and I pay her periodical payments of 5p a year.

I divorced six years ago, have two children, 16 and 9. Children live with their mother. Most of the time I get on with her. I pay her an agreed child maintenance amount which is the highest level according to the CM website formula: voluntarily.

Our incomes are about the same. Hers might be slightly lower.

I think this is opportunistic silliness, but does anybody know what the process is? What she needs to prove?

Many thanks!

  • hadenoughnow
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26 Nov 17 #497828 by hadenoughnow
Reply from hadenoughnow
Have her circumstances changed?

She would have to prove that she has a need for the money and that you have the means to pay it.

She would have to apply to the courts for a variation. You would each need to complete a financial disclosure form E.

Hadenoughnow

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27 Nov 17 #497845 by mike12
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Thank you for your speedy message!

Her income has actually increased by about 15% since Ancillary relief was finalised several years back. Her need that she is claiming for is that the children are more expensive as they get older. She has run up some debts, but she is fine financially. I pay her the highest csa amount on my salary, and pay for children extra’s on top (sport, school trips etc).

Assuming she doesn’t have a legitimate claim, will I have to do full final disclosure before this is is stopped? Does she have to prove the need with evidence before I have to provide disclosure?

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