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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34471
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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My partner is separated 8 years and has always paid £300 a

Resolved Question:

My partner is separated 8 years and has always paid £300 a month child maintenance for his daughter. They opted not to go via CSA but had tgey he woukd have been requirex to pay £200 per month. They divorced 2 years ago and papers state he will pay £300. Since divorcing and agreeing to this we have had a child and his job has changed - can he reduce this payment to csa level now?
Submitted: 1 month ago.
Category: Family Law
Expert:  Barrister Khan replied 1 month ago.

Thank you for your question.

If there is a Court Order, then the parties must wait twelve months and then give two months’ notice prior to applying to CMEC/CSA.

If the child maintenance is payable through a CSA Assessment, a variation can be applied for through the “review” process provided by legislation. However under new laws, it is now only possible to apply for a review if the payer’s circumstances have changed by 25% or more.

If the child maintenance is payable by way of Court Order, then the payer or payee can apply to court for a variation of the maintenance.

Customer: replied 1 month ago.
I don't understand your response. They had a private arrangement of £300- no lawyers or paperwork just an agreement that he has honoured for 8 years. Now he has another child with me can he reduce his payment now to what CSA would recommend or is he unable to do this. It has always been amicable since they seperated and there divorce was finalised march 2016. It is written in the divorce papers that he will pay £300 a month which was fine but he now has another child and works at home more in order to see both children.
Expert:  Barrister Khan replied 1 month ago.
there was a family based arrangement or a voluntary agreement between them. There are no fixed rules so they are flexible and easy to change if both parents agree. If they are struggling to reach an agreement mediation might help.As a last resort, you can use the courts or the statutory child maintenance service to arrange child maintenance. Statutory child maintenace will consider change in financial circumstances and adjust maintenance accordingly.
Customer: replied 1 month ago.
Ok so the fact that the divorce papers state £300 isn't legally binding as it was just a private arrangement they had prior to his circumstances changing. Is that correct that it's not legally binding?
Expert:  Barrister Khan replied 1 month ago.
Family-based arrangements aren’t legally binding.
Expert:  Clare replied 1 month ago.

My name is ***** ***** I have been a solicitor for more than 35 years

For clarity

Unless there was a financial consent order which set out the child maintenance then it is being paid voluntarily and your partner can reduce the amount - or make an application to the CMS at any time

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34471
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you.
Customer: replied 1 month ago.
My review was for barrister Khan who was helping me initially. Seems to have rated the wrong person.
Expert:  Clare replied 1 month ago.

I shall arrange for it to be transferred