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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am currently paying 1000 GBP alimony for my 2 douaghters

Customer Question

I am currently paying 1000 GBP alimony for my 2 douaghters who live with their mother. I am also paying half of their private education fees into a separate account in her name. My 3-year court order comes to an end on the 10th May 2013. She is not happy that I want to see a copy of the school invoices before paying my half and is now suggesting that she transfers the account to my name, sets up a standing order to pay into this, and then I settle the fees. Firstly, is this allowable or do certain forms need to be completed? Secondly, does this give a sufficient variation to the stablsihed financial framework that I am abe to request a full review? Thanks!

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will try to assist but I do need some more information first.
For clarity can you confirm that the school have not sent you copies of the Invoices?
What do you wish to ask for a review of?
Claire
Customer: replied 3 years ago.
The school have not sent me copies of the invoices.

Am I entitled to ask for a full financial review - of my alimony payments etc
Expert:  Clare replied 3 years ago.
Hi
When exactly was the order made and by which court?
Claire
Customer: replied 3 years ago.


It was approved by the courts on 10th May 2010. The court was Winchester.

Expert:  Clare replied 3 years ago.
Hi
May I ask why it was time limited to three years?
Claire
Customer: replied 3 years ago.

That is for how long the court order states I need to pay spousal maintenance, keep payments on my life and term assurance running....in terms of the alimony it was agreed I would pay this amount but my understanding is I can request a variation to this on each annual renewal...


 


This is being compounded by the increasingly small amount of time I get to spend with my daughters - their mother keeps letting them book sleep-overs etc on my weekends without consulting me...

Expert:  Clare replied 3 years ago.
Hi
So in fact the £1000 a month was time limited spouse maintenance not child maintenance at all
What child maintenance do you pay?
Claire
Customer: replied 3 years ago.

Hi


 


No - the child maintenance is £500 per child, the time limited spousal maintenance was £200


 


 

Expert:  Clare replied 3 years ago.
Hi
Could you explain the reference to an annual renewal?
Was this an effort to avoid the CSA?
Claire
Customer: replied 3 years ago.


Hi - of course. No this is not an effort to avoid the CSA - this has not been organised by the CSA. My understanding is that I am entitled to review the amount I am committed to pay under the Court Order on the anniversary of the date of signing.

Expert:  Clare replied 3 years ago.
Hi
Does the Order actually state that?
(It is not automatic)
Claire
Customer: replied 3 years ago.


Hi Claire - I am getting concerned - I simply need to know whether I am entitled to request a full financial review at the end of the 3 year court order

Expert:  Clare replied 3 years ago.
Hi
No I am afraid not.
To start with the order ha snot in any way come to an end.
The payments to your spouse have come to an end but the rest of the Order stands and there is no automatic review process
You are entitled to apply to vary an order at any time if your income has gone down - or the children are spending more time with you than was originally expected.
Indeed you can apply to the CSA if you think that a CSA assessment would leave you better off ( you can check here https://www.gov.uk/calculate-your-child-maintenance) and this would mean that the Child Maintenance part of the Order would be dismissed.
The change in the agreement regarding the School fees is not a real change to the order - merely a change to how it is administered
I hope this is of assistance but do please ask of you need more assistance
Claire

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