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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex wife and I are divorced and we have a maintenance plan

Resolved Question:

Hi there.
My ex wife and I are divorced and we have a maintenance plan in place for our 2 children. My ex-wife now wants to move from England back to Northern Ireland and due to my sons birth date, this would put him back in school by 1 year (he turns 15 on the 3rd of July).
This also means that I would need do pay for an additional years maintenance as he would leave school in England just before he is 18 but in NI would leave just before he is 19.
This would cost an additional years maintenance of over £4.5k.
Would I have to continue paying this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Is there a court order in place regarding the maintenance and are you opposing the move?

Customer: replied 1 year ago.
Hi Harris. Yes there is a court order in place, don't have this in the office with me, but from memory it states that maintenance is in place until the children reach 18 and in full time education. Another point is my access (every other weekend) being compromised. This I can live with, but not planning to continue paying for another year. Thanks Gary
Expert:  Harris replied 1 year ago.

In what proceedings was the child maintenance granted? Was it Children Act proceedings or alongside divorce - if in a divorce settlement, was the Order made by consent and when was it made?

Customer: replied 1 year ago.
Hi Harris. The Divorce was in completed in 2012. The Maintenance was agreed within the divorce and from memory was made by consent. Thanks Gary
Expert:  Harris replied 1 year ago.

Thank you for confirming. As long as the child maintenance provision was made by consent in the financial settlement as part of the divorce, you can now apply to the Child Maintenance Service for a calculation as they will supersede the order. This is because child maintenance provision in divorce settlements made by consent can be reassessed after 12 months by applying to the CMS. As they will still be in the UK the CMS will have jurisdiction to deal with the application.

Furthermore, if you object to their move to Northern Ireland, as you have parental responsibility for the children by virtue of the marriage you are entitled to apply to court to oppose this - please let me know if you wish to obtain information about this so that I can assist further.

In the meantime if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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