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Ask Clare Your Own Question
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 husband is paying his ex wife maintenance for his 2 children

Customer Question

My husband is paying his ex wife maintenance for his 2 children every month, however his daughter has recently moved in with us full time, what happens to his payents ?
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.
Does he pay under a Court Order or via the CSA?
Clare
Customer: replied 3 years ago.
Hi

It was decided by the court as part of their divorce

He knows if he asks her for a contribution for his daughters keep she is likely to say no
Expert:  Clare replied 3 years ago.
Hi
Was it actually made part of a formal court order sealed by the court - or was it just put down in the Statement of Arrangements?
How old is his daughter?
Clare
Customer: replied 3 years ago.
Hi

It am confident it was a statement of arrangements

His daughter is 15, 16 in July
Expert:  Clare replied 3 years ago.
Hi
If it was only in the Statement of Arrangements then it is not enforceable and your husband can stop immediately.
He can also apply to the CMS (new CSA) for maintenance for the child who is now living with him - and to be assessed for the sum he should pay his ex for the child still with her
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi

He was paying her before they went to court, if it turns out to be a court order how will he stand
Expert:  Clare replied 3 years ago.
Hi
If there was a court order then he can apply to the CMS and this will replace the Order - OR he can apply to the court for a downward variation
Clare

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