How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Hi, I have been paying £600.00 pounds child maintenance

Resolved Question:

Hi,

I have been paying £600.00 pounds child maintenance for my two children and due to a change in circumstances (Relationship break up) I will have to look to rent a flat that is a secure enviroment for me to have my children over for 2 nights a week. I may have to drop maintenance payments to £480.00 My ex wife says she will take me to court if I do as this is agreed in the divorce papers. Would she have a case?
Thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What is your take home pay per week?
Customer: replied 3 years ago.

Around 570 after tax

Customer: replied 3 years ago.

SORRY! £771 before tax - I believe the figure i offered her is within CSA figures

Customer: replied 3 years ago.

Hi,

I have been paying £600.00 pounds child maintenance for my two children and due to a change in circumstances (Relationship break up) I will have to look to rent a flat that is a secure enviroment for me to have my children over for 2 nights a week. I may have to drop maintenance payments to £480.00 My ex wife says she will take me to court if I do as this is agreed in the divorce papers. i take home £770 per week beforw tax.

 

Would she have a case?
Thanks

 

Optional Information:
Province/Country relating to question : London UK

Already Tried:
Spoke to my ex about it. She was not to happy.

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 there a court order setting out the maintenance or was it just mentioned in the Statement of Arrangements?
Clare
Customer: replied 3 years ago.

In the statement of arrangements.

Expert:  Clare replied 3 years ago.
Hi
Then it is not enforceable and your ex's only option would be an application to the CMS (new CSA) since the court cannot make an order unless you are both in agreement
Even if there had been an Order after 12 months you can apply to the CMS in any event
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you