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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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I need to get a consent order varied by a court because the

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I need to get a consent order varied by a court because the children's father has moved to the USA, I have our daughter full time, and now he is refusing to pay any child support. I want the court to order him to pay the amount that the UK CSA calculator says that he should pay (I would go through the CSA if he was still in the UK). Do I need to say a specific amount to pay, or is it ok to specify that he should pay the amount specified by the UK CSA calculator?

He is saying that because he is contributing towards our 18 year old daughter's university (so am I), he does not need to pay any child support.

Also, in our original consent order (dated 23 May, 2006), he was meant to put 1/6th of the sale of his business to hold on trust for the benefit of the three children. He has not done that, but spent the money on a jaguar car. That money should have been able to pay towards the kids learning to drive or uni fees etc. Do I need to mention that, or just mention it if it comes to trial? :-/

Does it go to trial so the judge can decide?

Background: We have three children, two have just finished school this year. The consent order provided for each of them until they finish school, so there is one left living full time with me. At the time of the consent order, he was in the UK and we had shared care of the kids, and he agreed to pay any extra curriculum activities like extra tuition and school excursions.  (Do I add this?) We then agreed through mediation that we would vary the order for him to pay nothing because his financial situation had changed. He now has a good job with Apple (yes, the computer) is now earning 3 times as much in the USA! He said the amount of child support he needed to pay for the three children was £806/month, and paid that from April to July. When the eldest two finished school, he stopped paying and has not paid anything since July and does not intend to pay anything towards our 15 year old daughter. His wife's son (also 15 years old) lives with them.

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.
Does he have any capital assets here in the Uk?
How much should he have placed in trust for the children?
Clare
Customer: replied 2 years ago.
Sorry, My internet went down, and lost my response.No, he has no capital assets in the uk, as he sold his house when he moved.The consent order stated that he should put one sixth of the amount when he sold his company in Trust. That was £40,000.00 that he should have placed in trust for them.My main question is do I have to say a specific amount for child support payments (I did calculate this, as I have a copy of the confirmation letter from Apple about his employment t $158,000.00 pr annum), or can I say at the UK CSA calculator rate?
Expert:  Clare replied 2 years ago.
Hi
Just to check - the original order did not provide for Child Maintenance at all?
Clare
Customer: replied 2 years ago.
The original order DID provide for child maintenance for all three children, and that was while we had 50:50 shared care. We calculated it based on the UK CSA calculator, and mutually agreed to this. The amount in the consent order is fixed amount. We did mutually agree to vary the child support payments to £0 after mediation in 2012 when we still had shared care and his salary reduced to £42,000.00. As I said, he now earns $158,000.00 in the USA. That is why I want to ask for a variation in the order, because our circumstances have changed and the eldest two have finished school and I have the youngest full time now.
Expert:  Clare replied 2 years ago.
Hi Shona
Thank you for the clairification
At this stage all you need to do is complete the form A and send it to the Court.
At the first hearing it is indeed reasonable for you to ask that the court make an order inline with the current CMS (new CSA) rates
The court will have to set a figure in order for you to go through the REMO process for enforcement in the States.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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