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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year ago.
My son is 11 born june 04
Payment covered by court /consent order
Expert:  Clare replied 1 year 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 1 year 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 1 year ago.
Hi
How much less are you earning?
Clare
Customer: replied 1 year ago.
More than 2k less per month
Expert:  Clare replied 1 year 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, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Is it a really difficult thing for lawyers to do clare
Expert:  Clare replied 1 year ago.
HI
It is not difficult for you to do yourself if you wish - it is routine for a solicitor
Clare

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