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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
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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Hi There, I settled my divorce with my husband in 2011 with

Resolved Question:

Hi There,
I settled my divorce with my husband in 2011 with a 'consent order' of which part was he would pay child maintenance at £800 per month (£266 per child). He has never paid so I have applied to the court for the arrears. They have listed it on monday for a hearing and the court say it is to be treated as an application under part 33 Family procedural rules (which I have found online and says 'enforcement of orders for the payment of money'.
However a friend has just told be that any order made for child maintenance is only valid for the first 12 months after it was made? is that true.
He also wants DNA testing now as he says he may not be the father. But he agreed to pay in 2011
thanks
Michelle
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
No that i snot true - what is true is that you or your ex could have applied to the CSA to deal with child maintenance after the order had been in place for 12 months.
You do need to be aware that you need the permission of the court to enforce ,ore than 12 months arrears - so you will need to explain to the court why you left it so long to take action
The DNA point is not relevant to the proceedings - if he wishes to pursue that avenue then he will need to start a separate Children Act application.
I hope that this is of assistance - please ask if you need further details
Clare
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