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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 ex husband currently pays maintenance two children,

Resolved Question:

My ex husband currently pays maintenance for our two children, and he currently has the kids one night every two weeks and half the school holidays. . In the summer I will be moving further away from him to live with my new partner and will be flying the kids at my expense to him once a month so that he can see them and suggested he comes to us once a month to maintain the same system of contact. I have also offered for more time in the holidays with them if he wishes. He has said that he will stop paying maintenance when we move as there will extra expense to him to see the children. Is that legal? I will not be working anymore once we make the move.
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.
Are you remaining within England and Wales?
Does your ex pay child maintenance under a court order or vis the CSA?
Clare
Customer: replied 2 years ago.

Thanks Clare. Yes we will still be in the UK. We will be moving from Chester to Devon.

He doesn't pay under court order or CSA - it was a private arrangement. He currently pays £70 a week and half of school activities. If we went through CSA then based on his last year's income he should pay £100 pw ( so it more or less evens out with the school activities)

Thanks

Julie

Expert:  Clare replied 2 years ago.
Hi
Are you also offering extra time in the school holidays?
Clare
Customer: replied 2 years ago.
Yes I am
Expert:  Clare replied 2 years ago.
Hi
The fact that you are moving does not mean that your ex does not have to pay child maintenance!
If there was a CMS assessment in place the extra travel costs would be taken into account - but it would NOT wipe out maintenance altogether and he would still have to pay something - indeed the amount is likely to remain the same given that he is not currently paying the full amount he shoudl be!
I hope that this is of assistance - please ask if you need further details
Clare
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