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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I divorced 5 years ago and have a financial order in place

Customer Question

I divorced 5 years ago and have a financial order in place this includes maintenance to my wife for my 18 year old daughter who in currently taking A levels. I have always paid this, the only change is that my 22 year old son who recently finished Uni has come to live me and my daughter has chosen not to spend the agreed 2 days a week with me due to her age and other commitments. My Ex wife has now asked for an increase in maintenance as she is not staying at mine anymore although she does visit for dinner once a week. She has advised that she will go to CSA to get extra money, can she do this as the agreed amount was written in financial support and I have always paid it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please could you attach the financial order using the paperclip icon.

Customer: replied 1 year ago.
Consent order attached
Customer: replied 1 year ago.
Did you receive the documents OK?
Expert:  Harris replied 1 year ago.

.

Expert:  Harris replied 1 year ago.

Hi, thank you for your question. As the settlement was made by consent after 12 months of the order being in place you are both able to apply to the CMS to recalculate the child maintenance liability and given that your 18 year old is studying A-Levels, the mother would be entitled to do this and the calculation will be based on your current salary and supersede the order you have regarding child maintenance.

I appreciate that this may not be the answer you would have hoped for but 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.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. 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.