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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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 planning to move back to UK with kids and their maintenance is set at 1100 GPB

Customer Question

I am planning to move back to UK with kids and their maintenance is set at 1100 GPB for one child and 200 GBP for the other even though their father is high net worth individual.
My question is, if I move back, will I be able to challenge maintenance or am I stuck with court ruling that was set in EU? If I can challenge it, is it calculated according to income or according to assets? I can only show his assets which are all over Europe but not his income. The last question, is it a long process to get maintenance?
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhere does your ex live?
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
He lives in EU. Since my questions can be viewed by others online, I would rather not disclose precise locations as my ex uses this site too.
Customer: replied 8 months ago.
If you need more info, maybe we can talk on the phone?
Expert:  Clare replied 8 months ago.
My apologies for the delay.I am afraid that given that your ex lives in the EU then the existing Order will stand that the issue of maintenance will continue to be dealt withby the court that originally dealt with it.I am sorry to give you bad news but you will have to accept the current figures.Please ask if you need further detailsClare
Customer: replied 8 months ago.
Sorry,I know it is late, but can you tell me please if I should wait for call today or tomorrow. Thank you
Expert:  Clare replied 8 months ago.
You do realise that the site charges extra for a phone call ?
Customer: replied 8 months ago.
Is it 52Euro, right?
Expert:  Clare replied 8 months ago.
Would between 9 and 10 tomorrow be acceptable?
Customer: replied 8 months ago.
I just don't understand how can existing ruling stand if costs of living are totally different in England than in the country where it was set.
Expert:  Clare replied 8 months ago.
That is a matter you would have to raise in the Court in the Country where the Order was made.However do be aware that if the matter was being dealt within the UK it would be his income that would be relevant
Customer: replied 8 months ago.
In this country there is a cap and regardless of his income, the maintenance will not be above this cap. That is why challenging it in these courts is impossible and living on the amount set by this court will also be impossible in UK.
Expert:  Clare replied 8 months ago.
Unfortunately there is no way of altering the order here in the Uk.
Customer: replied 8 months ago.
Ok. Thank you. Can i cancel the phone call please.
Expert:  Clare replied 8 months ago.
Of course - t

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