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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
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Help. On 4th March 2013 my ex wife and I settled in Court our

Resolved Question:

Help. On 4th March 2013 my ex wife and I settled in Court our financial issues with a consent order. The Order included the division of our assets and liabilities and also sections on child maintenance. My children are 8 and 9. In the preamble it states: The Respondent(ie wife) agreeing forthwith to request the commission to cease acting in collection and recovery of child support maintenance from the date of this order". The Order then states I should pay to the wife , for the benefit of the children, their school fees until 18 - the payment to be paid directly to the school. This climbs over the years to around £25000 per year. The Order also states I should pay a sum monthly to the wife for the benefit of the children, index linked, until 18. That is £150 each. I have done all of these things. I have now been contacted by the Child Maintenace Service because she has applied again for Child Maintenance , through them. They calculate my liabilty to be around £16000 annually. In actual fact I have paid £24000 in the last year - including the school fees. The CMS tell me that they can over rule a consent order after a year - despite the Order saying she should not use them. I understand that the CMS do not "count" day school fees. The children do not board. Is it possible that the CMS will try to increase my monthly maintenance of £150 per child - I am struggling already with all of this financially. It seems so unjust - when I thought that the expensive court order gave me certainty over the next ten years.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Clare :

Hi

Clare :

Thank you for your question

Clare :

My name is XXXXX XXXXX I shall do my best to help you.

Clare :

I am afraid that the CMS can indeed step in and take over the Child maintenance again (as your solicitor should have warned you last year)

Clare :

however your response is relatively straightforward

Clare :

You make an immediate application to the court to vary the Order to discharge your liability for the School fees.

Clare :

I would suggest that you ask for an Order that you pay the difference between the CMS calculation and the School fees plus £300 a month - given that that was clearly what was agreed it is very likely that the court will make the order

Clare :

I hope that this is of assistance - please ask if you need further details

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