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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex-wife while living in Australia took my daughter back

Resolved Question:

My ex-wife while living in Australia took my daughter back to England on holiday but rang to say she was not returning. She was ordered by the Hague Convention to return to Australia with my child. She then applied for divorce and to avoid stress a financial court agreement for a lump sum and child maintenance was agreed for them to stay in UK. This court order was back in 2007 and I returned to UK in 2008 for more contact with my daughter. My ex-wife is now seeking to increase the amount of the court order....can she do this?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is this child maintenance or spouse maintenance?
has your income increased since the Order was made?
Clare
Customer: replied 3 years ago.


Hi Clare


Thank you for your reply. The court order was for a one of lump sum and then child maintenance each month increased each year by inflation which I have complied with. My ex-wife has since remarried and has another child.


Because I returned to UK I had to leave a good job in Australia and restart my career in England. My salary now is similar to Australia adding inflation each year.


Hope this information is helpful.


James

Expert:  Clare replied 3 years ago.
Hi
How much do you earn - gross and what are you currently paying?
Clare
Customer: replied 3 years ago.


The court order was made by a judge in UK for child maintenance and was for a set amount each month to be increased by inflation each year and paid until age 18 or in full time education.


My question is can this court order be changed in any way by my ex-wife?

Expert:  Clare replied 3 years ago.
Hi
the simple answer then is yes she can.
Either by applying to the court for an upward variation or by applying to the CSA for an assessment to be made.
With the figures I could give a realistic assessment of the risk involved
Please ask if you need further details
Clare
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