How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34588
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

After my divorce in 2013,I was seeing my son half the time

Customer Question

After my divorce in 2013,I was seeing my son half the time and I had agreed to pay my sons school fees of £1100/ month as part of consent order.There is history of domestic violence and I was under duress when I signed it.I bought a house with a garden so he could come and stay with me and have a pet dog.My son now refuses to live with me and sees me alternate Saturday's for 3 hrs.My finances have changed after buying the house and I am no longer able to pay his school fees.I am willing to pay maintenance as per the CMS calculator.What is your expert advice on challenging the court order?
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.
How old is your son and is payment of the School fees covered by a Court Order?
Clare
Customer: replied 2 years ago.
My son is 11 born june 04
Payment covered by court /consent order
Expert:  Clare replied 2 years ago.
Hi
Is it expressed as Child Maintenance or as a separate matter of paying school fees
has your income actually reduced
Clare
Customer: replied 2 years ago.
It is a separate matter of paying school fees not maintenance also I was working freelance then and lived in a rented flat so i was earning more and paying a monthly rent now i have a permanent job and i bought a house so I am earning less and paying more towards mortgage bills etc
Expert:  Clare replied 2 years ago.
Hi
How much less are you earning?
Clare
Customer: replied 2 years ago.
More than 2k less per month
Expert:  Clare replied 2 years ago.
HI
Then you need to apply to the court to vary the order on the basis of the reduction in your income.
Until the Court has decided the matter I am afraid the current payments will need to continue
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Is it a really difficult thing for lawyers to do clare
Expert:  Clare replied 2 years ago.
HI
It is not difficult for you to do yourself if you wish - it is routine for a solicitor
Clare