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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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HiI have been paying child maintenance (court order as part

Resolved Question:

Hi I have been paying child maintenance (court order as part of divorce) for my daughter who lives in India. The financial settlement was based on my daughter going to private school in London. My ex-wife moved to India soon after the divorce (the court was aware of this) and no further negotiations took place - I know I should have, but didn't as the legal costs were escalating. I am now getting remarried and know I pay far more then it costs to support my daughter in India.

What are my options as I am getting remarried and would like to buy a house and have children

The court order says the following “the respondent shall pay periodical payments to the Petitioner for benefit of the said child in a sum representing 15% of his net income (currently 800GBP) plus 560GBP by way of contribution to school fees and childcare costs”. The current cost of her schooling and a maid who looks after her (in addition to household chores) is less then 500GBP!

Is there any additional information you require? Slight correction made to text above re:Private schooling!)

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.
Do you have evidence of the school and childcare costs?
Clare
Customer: replied 2 years ago.

Hi Clare

Thank you for your response.

My ex-wife (P) informed me of her move to India (in 2009) after completion and exchange of the Form E. I have an email to my lawyer at the time which stated that I had a conversation with (P) and was willing not to redo the Form E in good faith as P had estimated that she would return to the UK in 1-2 years and that School fees and childcare costs in Delhi would be similar but not yet determined - there is of course no documented evidence of this conversation other then my email to my lawyer.

I have been subsequently been informed by a family member whose daughter attends the same school as mine of the schooling costs and the going rate of a maid in Mumbai (where she moved to in 2011 after 2 yrs in Delhi). These costs are less then 500GBP/month (I currently pay her about 1200GBP/month) Would I be legally entitled to request a breakdown of her schooling and childcare costs?

Looking forward to your response.

Regards

Sujay

Expert:  Clare replied 2 years ago.
Hi
Can you get those figures confirmed in writing?
Clare
Customer: replied 2 years ago.
Hi
I could ask my ex-wife for the costs but I suspect she will not answer unless she feels I am legally entitled to ask. Am I entitled to ask her directly?
I do have those costs in writing from a family member (my family) in writing (the one whose daughter attends the same school) and they amount to 350GBP/month.
Expert:  Clare replied 2 years ago.
Hi
What is your current income?
Clare
Customer: replied 2 years ago.

My net income is 5400GBP/month

Expert:  Clare replied 2 years ago.
Hi
Do you have any idea what income your ex might have?
Clare
Customer: replied 2 years ago.
No I don't - she does however, work as a Marketing Director and earns a substantial salary by Indian standards. She received our family home in London as part of the divorce settlement, from which she receives a rental income.
I currently rent a flat and would love to be able to buy a place (as per my original question).
S
Expert:  Clare replied 2 years ago.
Hi
Whilst I accept that you are paying a substantial sum in maintenance this is matched by a very substantial gross income.
Whilst you can apply to vary the Order based upon the fact the expenses in India are not as great as was anticipated there is I am afraid no guarantee that the court will agree to a downward variation base don this.
However if you wish to challenge the matter this is done using a Form D11 available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d011-eng.pdf
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
You didn't inform whether I was legally entitled to ask her what my daughters schooling and childcare costs were.
S
Expert:  Clare replied 2 years ago.
Hi
As part of the court process you can ask her to disclose it yes
Clare