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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33301
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 partner divorced in April 2013. He has a child with his

Customer Question

My partner divorced in April 2013. He has a child with his ex wife and during the divorce it was agreed that a maintenance payment of £280 pounds be made. This is in the court order but was calculated via the CSA website. My partner and I have recently had a child and are investigating the possibility that this amount can be changed to reflect a second child. We broached this subject with my partners ex wife and she stated that as the payment is in the form of a court order then it is set in stone however some research that I have done suggests that the CSA can overrule this court order one year and one day after it was set. Additionally my partners ex wife also insisted he pay £50 pound into a trust fund every month for their child. This is also in the court papers does this have to be upheld as it it something that my partner cannot afford to pay at this time as he supporting a new family. Lastly my partners ex wife decided to move to north wales and for the past year has expected my partner to do all of the travel at the cost of his time and expense which often amounts to £120 pounds a month and more in addition to the other payments being made. We have asked her to now share these travel arrangements but she states that she is under no obligation to do so. Is this the case? Please help advice required!
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.
How old is the child and how often does your partner have contact?
Why did he agree to the £50 a month and allow it to be put in the Financial Order?
Clare
Customer: replied 2 years ago.
The child is 4 years old and my partner and I have her every month for four days. Longer periods during the holidays! The 50 pounds is in the form of a trust fund that he felt coerced into really!
Expert:  Clare replied 2 years ago.

Hi

 

Expert:  Clare replied 2 years ago.
Hi
For clarity - this was included in a Separate Financial Order setting out what happens to the house etc which was sealed by the court?
Clare
Customer: replied 2 years ago.
It wasn't a financial Order just a court order!
Expert:  Clare replied 2 years ago.
Hi
When you say that do you mean it is just what was written on the forms when they applied for a divorce or was it a separate document with the words "By Consent it is Ordered that" on it
Clare
Customer: replied 2 years ago.
It's a consent order... It says... This document contains the provisions of the agreement reached between you and sally. You will see that there is provision for payment if child maintenance at the rate if 280 per month to be increased in line with inflation.... Etc etc... (At the time this was done I was not pregnant and we did not have any children together). Does the CSA have the power to overrule this amount?
Expert:  Clare replied 2 years ago.
Hi
Thank you.
Yes you can apply to the CSA as soon as the Order is 12 months old.
Sadly the £50 a month cannot be changed as that is not actually child maintenance
With regard to the ravel arrangements since it is his ex that moved away it is reasonable for her to take responsibility for at least half of the travel involved in maintaining contact
Your partner should try and negotiate this with his ex using Family mediation and if that fails then he can apply to the court for a specific issue order relating to this.
The fact that the travel costs will reduce the CSA assessment may convince her
I hope that this is of assistance - please ask if you need further details
Clare

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