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Child maintenance

  • victoria1947
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06 Aug 13 #403493 by victoria1947
Topic started by victoria1947
Divorce finalised 2011, he had an affair and left. He has new child. I have 2 teenagers girl 15, boy 13.
It was a High Court divorce with maintenance set at £1000.pcm between 2 children
Been back to court numerous times about him wanting more access he has every other weekend and one night in week and split holidays.
Now he wants to go to CSA to reduce maintenance
Can he do this even if its a High Court order

  • WYSPECIAL
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06 Aug 13 #403494 by WYSPECIAL
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Assuming the order is for child maintenance and more than 12 months old then yes he can.

However £1000 per month is high for CM for two children are you sure some of it isn''t spousal maintenance?

  • Fiona
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06 Aug 13 #403558 by Fiona
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It''s worth checking the calculator at CM Options website to see how much of a reduction if any there would be. A week ago a new gross income scheme opened for new applications for families with 2 or more children.

Unless there are step children, one parent lives abroad or children over 18 the courts have no jurisdiction for child maintenance. A child maintenance agreement can be included in a Consent Order and after 12 months either parent can apply to the CSA for assessment. The consent order then ceases to have any effect with respect to child maintenance.

When the non resident parent earns more than the CSA/CMS capped amount, there are expenses related a child''s disability or school fees the court may order top up payments. If any of these are relevant going to the CSA/CMS won''t necessarily reduce his overall payments.

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