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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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 have a Consent Order in pace from my ex husband for £300/month

Resolved Question:

I have a Consent Order in pace from my ex husband for £300/month Child Maintenance for my two children until they turn 18 or finish higher education.
My 13 year old has been taken into 52 week care, with occasional weekend visits home, as a Looked After Child due to Autism/ADHD issues.
Can my ex-husband just discontinue the Maintenance payments specified in the Consent Order or does he need to re-apply to the Court for any variation?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. If your husband wishes to vary the child maintenance agreed to under a consent order then after 12 months of the consent order being approved he is entitled to apply to the child maintenance service for a recalculation to supersede the consent order agreement. However, within the first 12 months he is bound by the agreement in the court-approved consent order.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I understand that you have asked for a Second Opinion.Technically your ex should apply for a downward variation rather than simply stopping payment - and the fact that he has failed to do so means that you can apply to enforce the Order.HOWEVER since the child is no longer in your care then the court is most likely to grant the variation if they are asked to do so.Please ask if you need further dteails
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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