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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
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 moving abroad and its within the EU, i have a consent

Customer Question

I am moving abroad and its within the EU, i have a consent order that was agreed 15 months ago, i am looking for work why out there do the csa or court need to be notified if so how do the calculations work or do i have to pay the agreed amount in order ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstFor clarity - please confirm that you currently pay Child Maintenance under the terms of the Court Order and you intend to continue to do so?
Customer: replied 1 year ago.
I pay under the terms yes but till i can find work as have just lost my job ' i intend to look after my child ', i may have to pay less is this a option if not i will have to do what i can to pay.
Expert:  Clare replied 1 year ago.
How long are you likely to be unemployed?
Customer: replied 1 year ago.
Not long i hope. Can I reduce the amount for a short while ?
Expert:  Clare replied 1 year ago.
is your ex likely to agree to that?
Customer: replied 1 year ago.
no she wont, i could go to csa now the 12months has passed but i wont know what i am earning or do i go back to courts, i have read the csa has jurisdiction after 12 months if needed but very confused , i need some advice !!!
Expert:  Clare replied 1 year ago.
Just to check - are you already living outside of the UK?
Customer: replied 1 year ago.
No not yet
Expert:  Clare replied 1 year ago.
But that is where you expect to get work?
Customer: replied 1 year ago.
that is what I said
Expert:  Clare replied 1 year ago.
If you are working abroad then the CSA will not be able to be involved and even if you have had an assessment it will be necessary to revert back to a court orderYou shoudl use this fact to try and negotiate a temporary downward variation until you are actually working again.You shoudl try to do this using Family mediation.If she will not agree then you will have to apply to the court for a downward variation if you wish to ensure that arrears do not ariseGiven you unemployment you should not face any problem with thatAlternatively you can apply to the CMS (new CSA) for an assessment - and then deal with the fresh court applictaion when your ex makes itPlease ask if you need further details
Customer: replied 1 year ago.
She won't do mediation and I am looking on a timescale of 3/4 weeks before I go.
Should I just contact the CMS at least it looks like I have not run away and dealing with it ? If I had to go to court that means more expenses that I won't have
Expert:  Clare replied 1 year ago.
When was the last payment?
Customer: replied 1 year ago.
The 25th of the month.
Expert:  Clare replied 1 year ago.
Can you afford the payment for April?
Customer: replied 1 year ago.
I can but I am thinking the future
Expert:  Clare replied 1 year ago.
IF you can make April's payment then do so.Once you are abroad then you can assess how soon you are likely to get work.Once you know the position then you will be able to decide how long you will need to reduce the payments for and can write to your ex and inform her of the situation.There is little she can do if you are abroad provided you commence payments as soon as you can
Customer: replied 1 year ago.
ok i will do that, was concerned that she will go back to court and start a legal process that i dont want
Expert:  Clare replied 1 year ago.
There is already a court order.Once you are abroad she will find it harder to enforce the orderIf it becomes clear that it will take months for you to find another job then you may need to apply for a downward variation
Customer: replied 1 year ago.
I thought that she could enforce the order easily am I wrong ? I am going to struggle to find work that will pay the high amount that I pay.
How do I apply for the downward variation especially if I am abroad please
Thank you for all your help clare
Expert:  Clare replied 1 year ago.
How much do you pay?
Customer: replied 1 year ago.
163;350 per month
Expert:  Clare replied 1 year ago.
Best guess on your likely income?
Customer: replied 1 year ago.
The csa used to be 15% i believe so say £150 ish ?
Expert:  Clare replied 1 year ago.
Sorry - what I meant was your best guess on how much you are likely to earn?
Customer: replied 1 year ago.
1000/ 1500 euros p/m
Expert:  Clare replied 1 year ago.
Should the need arise you can apply to the Court for a Downward variation using a Form A and paying the fee of £245http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
Customer: replied 1 year ago.
is this a successful option ?
Expert:  Clare replied 1 year ago.
If you can prove that your income is low enough to justify it then yes it will be
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
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.
Clare, where do i get the form from as cannot find it please
Expert:  Clare replied 1 year ago.
If you cut and paste the link to your browser it will take you there
Customer: replied 1 year ago.
Can i send this from abroad or email ? will i have to attend as that is more expense
Customer: replied 1 year ago.
Not sure this is the right form it does not really show what you discussed with me bit confused
Expert:  Clare replied 1 year ago.
The form represents your application for a downward variationYou are applying to vary and existing Periodical payments Order
Customer: replied 1 year ago.
Is this successful or hard as the courts normally favour the mother
Expert:  Clare replied 1 year ago.
This is about mathematics not child care!
Customer: replied 1 year ago.
We know that but telling her is another matter will try but I be abroad when I send it ..
Customer: replied 1 year ago.
I have been filing in the form but it states i have to attend Mediation can you advise on this as i did this years ago and i wont be in uk to do this
Expert:  Clare replied 1 year ago.
You have time to fit in a Mediation information and Assessment meeting before you go - which is all that is required
Customer: replied 1 year ago.
No I don't I only have a few days to go now.
Expert:  Clare replied 1 year ago.
Ok.In that case simply time the applictaion so that it is dated after you leave. At that point you will no longer need to try mediation first because you are abroad
Customer: replied 1 year ago.
I have filled the form out and going to scan it in and email it over but I don't see how much it is and also there is no where to put reasons for this , do I just add a seperate sheet ?
Expert:  Clare replied 1 year ago.
How much what is?
Customer: replied 1 year ago.
The price of the fee!!!
Expert:  Clare replied 1 year ago.
amp;pound;245
Customer: replied 1 year ago.
Hi. I have contacted the courts and there reply was go to the child agency . I cannot afford the next payment so what do I do now cause she will go back to the court to hall me back inThank you

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