Looks like back to Court after 9 years!!

Bit long, get a coffee and relax. Please stick with it, sorry if it is a bit of a ramble.

Background
4 Children, now 19,18,16,14
Separated from their mother June 2000
Decree Absolute and Consent Order April 2002

Dec 2006, Oldest daughter, left home and started work, cut maintenance by a quarter.

August 2007, Oldest Son left home and came to live with me, so I cut maintenance again by a quarter as per consent order. I continue to pay half of the original maintenance £225 for my other younger children who live with her.

Recent events
6 weeks ago I get a letter from her solicitor asking for more money, £1000 per month . She is now running a very successful business with her new husband, so can't think that she actually NEEDS the money.

I went to work in London in April 2005, I still live elsewhere, although this did not immediately affect my salary as I was living on expenses for the first year. Subsequently I had a payrise and after that I went self employed which did increase my net take home.

She was claiming my oldest son's child benefit until December 2008, even though he didn't live were her for the previous 16 months, not that he saw any of it bar the odd pair of jeans, and NOT taking into account any child maintenance for our oldest son who lives with me, I received this since January last.

I have paid the Consent Order maintenance without fail since Dec 2001, even before the court order, and when I was unemployed for 3 months in 2007.

The CSA aren't interested because the original court order was made pre March 2003.

I made an offer, which I see as reasonable considering my net income, an estimate of her net income, taking into account the fact that she has 4 children with her, my 2 plus 2 new ones from her current marriage, and the fact that my oldest son lives with me. She has rejected this and come back with £650 per month AND saying that A level don't count so she owes me nothing for our oldest son. Well if 2 children are worth 650 then taking into account my son doing A levels my offer seems perfectly reasonable.

Realistically calculated using formula given to me by the CSA.
15% of 75% of her net income(her maintenance for the son who lives with me) v 20% of 85% of my net income (my maintenance for my 2 children who live with her).

Oh what fun maths is.

1. That basically equates to £380 per month in her favour. Does that seem reasonable, Seeing as the original consent order specifies £112.50 per child per month. Basically an increase of 68%.

2. Is it possible that I would get dumped with the court costs if it went that far? and Why, if yes? Seeing as I have done nothing wrong.

3. What is the procedure in court.

4. Anything else that you see as relevant.

Cheers for your time.

In the terms of the order was maintenance just for children or did it include an element of spouse maintenance? Also did it say maintenance was to cease when the children reached a certain age or at the end of full time secondary education?

After 9 years and changes in circumstances a review of child maintenance is warranted. There is no certainty in an application to vary maintenance and finances will be looked at afresh. Although as far as children are concerned the starting point might be CSA rates the judge has wide discretion and must consider a check list of factors in s25 Matrimonial Causes Act 1973;

(3) ... in relation to a child of the family, the court shall in particular have regard to the following matters—

(a) the financial needs of the child;

(b)the income, earning capacity (if any), property and other financial resources of the child;

(c)any physical or mental disability of the child;

(d)the manner in which he was being and in which the parties to the marriage expected him to be educated or trained;

(e)the considerations mentioned in relation to the parties to the marriage in paragraphs (a), (b), (c) and (e) of subsection (2) above.

Subsection (2) reads;

(a)the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;

(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c)the standard of living enjoyed by the family before the breakdown of the marriage;

(e)any physical or mental disability of either of the parties to the marriage;

I have been back to court recently to vary an order dated 2002.

We never had a consent order, I guess consent orders can be varied by mutual consent using mediation/solicitors as before.

At directions hearing the judge ordered that we complete form E's again but limited to income and needs only along with 12 months bank statements.

We both had to submit statements supporting our needs. We were then fast tracked to Final Hearing the outcome of which was that child maintenance was extended to include uni education, otherwise the status quo was maintained.

I represented myself through this case and with wiki's help managed very well. Although my costs were minimal my x was ordered to pay my costs because he had been deliberately evasive.

My x was very keen that maintenance was based on csa guidelines as he has remarried and his new wife has a child so if calculation was made using CSA rules I would get a reduction. The judge was not interested in using the CSA because, like you, the order predated 2003.

In my opinion it would be better if you and your x could come to some mutual agreement but this is complicated as you now each have further family.

Your eldest daughter is now out of the equation as she is supporting herself (!). You should be receiving the child benefit for your eldest son if he is in full time education and there could be a case for her paying you maintenance for him but if you are retaining the money you would be paying her then that becomes his maintenance.

By the terms of the consent order you should be paying half the original amount for the remaining two of your children. If she is not happy with this it is up to her to apply to the court to apply for an upward variation of the remaining children's maintenance.

Unless you are now a millionnaire I would let her do all the running in this case, continue to pay as per consent order and she can make an application to the court if she wishes.

Child maintenance has to stop somewhere and sometime, it is difficult to asess whether she requires an increase without the financial details. You also are in a situation now where neither of you know what the others income is.............it is like opening that can of worms again and I doubt very much if you want her to pry into your finances as much as you want to pry into hers.

As with all these cases it is a balancing act, is the cost of further litigation worth any increase in maintenance? Do remember that a judge could reduce your committment as easily as increase. She could be on a sticky wicket!

Good Luck

Thanks for the replies.


Fiona
The original consent order was until 17 or leave full time A level equivalent education.

The consent order was based purely around child maintenance, NOT spousal.

Spooky
Nice to know that self representation works, and it is nice to know I'm not the only one this happens to.

I would say looking at her current lifestyle that moving from being a care worker to running her own care business has not adversly affected her financial situation, quite the reverse actually. Big house, and others personally owned but rented back to the business, nice motors, holiday home, couple of foreign holidays a year. She isn't broke. And yet she clainms to earn only the tax free allowance £6475 at last check!!! Her new husband was a tax accountant.

Don't get me wrong I am not adverse to an increase as my offer shows, but I am bu99ered if I am going to supplement her lifestyle and irresponsible attitude to our oldest son.


AND she got £70k out of £80k pot at the divorce settlement.

Do I sound bitter!!

I have just drafted a letter saying, 1. That my 18 year old son will considered as he is in full time qualifying education,
2. My offer stands at £380 take it or leave it and I'll see you in court.

Not in those words obviously.

Thanks again