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Hi, thank you for your question. Please confirm:
-Was the court order made "by consent"? It should clearly state in the order.
-Why has the arrears issue not be dealt with previously?
Apologies for the delay in responding. Firstly, arrears arising out of a financial settlement are usually limited to 12 months and it will now be difficult to attempt to seek it through the courts for over this period.
In terms of varying the amount - the amount in the order remains payable and enforceable, however the amount can be reviewed by the child maintenance service and their calculation will be based on the current gross income of the father and their amount will supersede the consent order amount - so long as the order was by consent.
In terms of varying the spousal maintenance amount this must be under new court proceedings using Form A.
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