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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
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 am a divorced dad with two children under 10yrs old whom

Resolved Question:

Hi, I am a divorced dad with two children under 10yrs old whom I pay child support each and every month on time in full. I have another child on the way, some 3yrs after divorce, can you advise whether I can reduce my payments to first wife as now I have to support another equally. What percentage of decrease would be acceptable in the eyes of the law. My ex father in law is a senior accountant and will be all over this as money is god to him.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
This will depend on whether you are paying the basic or reduced rate. If you are paying the basic rate child maintenance, then for one child that lives with you, CMS will not take into account the first 15% of your income.
IF you are paying the reduced rate of child maintenance, your liability will be £5 plus 29% of your gross weekly income between £100-200.
This may be a bit confusing and I will be happy to provide you with a calculation if you can inform me of your gross salary, how many nights a week on average the children stay with you and if there are any other children in your care.
Customer: replied 1 year ago.
I have an agreed payment which is just above what the csa advise, £400 per month. I have my kids on average 2 nights a week, and continue to provide for them on top what I already pay without question. I had the answer you provided already from csa website.
Expert:  Harris replied 1 year ago.
If you already have an agreement that is outside of the child maintenance calculation then your first option in order to reduce payments is to make payments in accordance with the legal calculation and then when your new child is born to recalculate your liability and reduce it further.
Customer: replied 1 year ago.
It's easier to keep the payment as it is for now til new child arrives in April / may, £383 is the calculation by csa as things stand, I was just looking for assistance of how much percentage we I could legally & realistically reduce by in the eyes of the law, if your saying I just need to use the maintenance calculator to work it out, then I have just wasted our time.
Expert:  Clare replied 1 year ago.
HiThank you for your questionWhat you have not yet been asked is whether or not there is a Court Order in place setting out child (and indeed spouse) maintenance?
Customer: replied 1 year ago.
A court order was agreed at £400 in July 2013, this part of the consent order. 12 months has expired so I am assuming I can make the change of circumstances.Am I being charged for each of these responses?? If so, please stop. As I'll ring csa and citizens advise for free tomorrow.
Expert:  Harris replied 1 year ago.
That is correct, child maintenance under consent orders can only be enforced for 12 months. After 12 months it is voluntary and the receiving parent can pursue a child maintenance application.
Once your child is born, a 15% reduction in child maintenance should be made to take into account one child in your household.
Customer: replied 1 year ago.
Ok thanks, ***** ***** i need to know for now. Thanks
Expert:  Clare replied 1 year ago.
Please be aware that my colleague is not correct.After 12 months the Order is NOT voluntary and can still be enforced.The only difference is that either parent can then apply to the CMS for an assessment.As things stand you have two choicesYou carry on paying but try and discuss a downward variation with your ex using Family Mediationwww.familymediationhelpline.co.ukIf that fails you then MUST make an application to the court for a downward variation OR you can apply to the CMS for an assessmentPlease ask if you need further details
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
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.
Hi, Thanks for the help, im now finished.