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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 have a Son from a former relationship and 9 years ago a UK

Customer Question

I have a Son from a former relationship and 9 years ago a UK (England) court order was put in place which set the amount of financial support I had to provide. I have followed the court order for all of the 9 years. My former partner now wants to go back to court as my circumstances have changed and she wants more money. I no longer live in the UK. I do receive my salary in to a UK bank account but it is not taxable as I'm out of the country. The only income I pay UK tax on is from my house that I have rented out.
Can you advise if firstly she can take me back to court and secondly will the court take in to account my UK income or worldwide income?
Kind Regards,
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
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Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
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Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
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Nicola
Customer: replied 2 years ago.
I will wait.
Expert:  Nicola-mod replied 2 years ago.
Hello,
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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 your son and how much is the current payment?
Clare
Customer: replied 2 years ago.
My Son will be 12 in October. Current payments are £725 per month and go up annually as per RPI
Expert:  Clare replied 2 years ago.
Hi
By what percentage has your overall income increased since the order was made (roughly)
Clare
Customer: replied 2 years ago.
My salary has probably doubled since the court order was made 9 years ago
Expert:  Clare replied 2 years ago.
Hi
Do you know anything about your ex's income?
Clare
Customer: replied 2 years ago.
I'd guess she is earning around £30-35k per year. She has recently brought a 3 bedroom house and drives a new car. She is my ex partner. We were never married and only lived together for 3 months before splitting up after our Son was born.
Expert:  Clare replied 2 years ago.
Hi
Very roughly - what percentage of your income do you currently pay as child maintenance - and are you responsible for the financial care of any other children at all?
Clare
Customer: replied 2 years ago.
Approx 7 or 8 % of my gross income. As I live and work outside the UK my earnings are not taxed in the UK.
Expert:  Clare replied 2 years ago.
Hi
I am afraid that your ex is indeed able to apply to the Court for an upward variation of the child maintenance.
Whilst she will have to provide evidence that the reasonable needs of the child have increased that is not difficult - and the Court will look at your income from all sources.
There is a reasonable chance that the Court will indeed grant an upward variation to a figure which is roughly 12% of your gross income from all sources.
Please ask if you need further details
Clare
Customer: replied 2 years ago.
as my income is earnt outside the UK and not paid in to the UK would the court still take it in to account?
Expert:  Clare replied 2 years ago.
Hi
Yes I am afraid so
Clare
Customer: replied 2 years ago.
If an upward variation order is applied for will the court back date payments from when my salary was increased?
Expert:  Clare replied 2 years ago.
Hi
No it can only be backdated to the time the applictaion was made at most
Clare

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