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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
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 received a CMS calculation to pay maintenance for my

Customer Question

I have received a CMS calculation to pay maintenance for my daughter who left home 13/6 to live with her father. However due to my debts I am now going through an IVA and the amount the CMS want is going to cause financial hardship to my twins and myself and could result in me losing my property for which I pay a mortgage. Can I ask for a variation on the grounds of financial hardship or do I need to go to Court?
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How many children are there and how old are they all?

Customer: replied 2 months ago.
I have my twins who are 8 living with me and my daughter who is nearly 17 is with her father.
Expert:  Clare replied 2 months ago.

How much do you each pay the other?

Customer: replied 2 months ago.
I'm not sure what you mean? At the moment I am not paying for my eldest and this is why the cms are involved. The twins have a different father.
Expert:  Clare replied 2 months ago.

I see

What is your gross income?

Customer: replied 2 months ago.
32, 500 but I'm in debt of 23, 000 that's why I've got to go down the route of the IVA because of my financial situation.
Expert:  Clare replied 2 months ago.

What is the assessment

Customer: replied 2 months ago.
What do you mean by assessment? The cms have calculated maintenance at 292 per month. The individual voluntary agreement in relation to my finances is in the hands of a debt management company now
Customer: replied 2 months ago.
Even with the IVA it leaves with no money at the end of each month. All I would be able to do is to pay the maintenance, mortgage and bills; I would have nothing else left over.
Expert:  Clare replied 2 months ago.

I am so very very sorry

I have done the arithmetic and there is no way around this

There is no allowance made for financial hardship - and they will enforce of arrears arise.

There is simply no way around this.

I wish I could tell you something different - I can see that this is not right but legally there is no option

Please ask if you need further details

Customer: replied 2 months ago.
Ok. Thank you for your help. I didn't think there was but needed to confirm.
Expert:  Clare replied 2 months ago.

I wish it had been better news

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