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Child Maintenance Lump Sum

  • estella
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30 Jun 11 #275640 by estella
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Hi - can anybody tell me if I am able to claim a lump sum from my ex for provision for my teenage children in a court application to vary a child maintenance order (pre 2003) I am applying to increase the monthly payments but also need some capital to provide for renewing furniture in the children's rooms and a new car as mine is over 10 years old now and I use it to take the children to school. Thanks in anticipation of your help

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30 Jun 11 #275653 by WYSPECIAL
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Don't know about a lump sum but I would doubt it after so long.

Court can only deal with child maintenance by consent anyway as CSA have jurisdiction so is your ex likely to agree with the changes?

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30 Jun 11 #275655 by estella
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Court order is pre 2003 so CSA can't deal with it

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30 Jun 11 #275658 by WYSPECIAL
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estella wrote:

Court order is pre 2003 so CSA can't deal with it


But they can over rule it if you apply for assessment.

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01 Jul 11 #275661 by Fiona
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The CSA has no jurisdiction to over rule a court order (either decided by a judge or agreed "by consent") for child maintenance made before March 2003.

It is possible to apply for a lump sum payments to buy things like furniture, appliances or a car. The court has to consider the financial position of both parents.

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01 Jul 11 #275667 by estella
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Thank you to both of you for taking time to reply. I will definitely proceed with an application for a lump sum in addition to monthly increases.
Just wondering what chances of success are - as ex's income is fairly low but he has a lot of capital in business assets. Also his ability to borrow money is greater than mine (I am unemployed) Just wondering if a judge might order sale of assets or ask him to finance further to support his son & daughter by way of a lump sum? Any thoughts appreciated

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