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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33548
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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Can i apply to the child maintenance service for re-assessment

Resolved Question:

Can i apply to the child maintenance service for re-assessment of a court order from 4 years ago?

Can i change the payments to be in line with the child maintenance service payments and cancel the previous court order? Or does that require the ex-wifes approval?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Do you currently pay via a Court Order or via the CSA?
How much is your gross income and how much are you currently paying - for how many children?
Clare
Customer: replied 2 years ago.
Via a court order/standing order, £1705 per week after pension contributions. Paying £1235 a month. 1 child
Expert:  Clare replied 2 years ago.
Hi
You do realise that that is more than the CSA rate?
Clare
Customer: replied 2 years ago.
Yes, I am aware. Which is why I wanted to check where I stand legally in order to change it. I know my ex-wife will try and throw everything to stop this happening. As far as my own research can tell is that she can't do anything. I inform her that I want reassessing, then we come to a family based arrangement, if she doesn't agree then I can contact the csa and they can enforce there rate. Is this correct?
Expert:  Clare replied 2 years ago.
Hi
No you cannot do that I am afraid as the Court Order stands until the CSA assessment is made so a Family based Arrangement is NOT something you should have
You have the option of applying to the court for a reduction (not likely unless your income has fallen or your ex agrees) or applying to the CSA for an assessment
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33548
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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