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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I got divorced 5 years ago, have 2 children to my ex and pay

Customer Question

I got divorced 5 years ago, have 2 children to my ex and pay 20% maintenance every month. We got a clean break order in place.
I have since remarried and my wife is expecting our first baby soon. We live abroad in a country where income is tax free.
Can you tell me if my maintenance for my first 2 children reduces once my baby is born as I will then have 3 children to support?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity is there a Court Order dealing with the Child Maintenance?
Clare
Customer: replied 1 year ago.
Hi Clare,
There is no court order, in the settlement agreement it was agreed that I pay 10% maintenance per child until they are 18, which I have always done.
Expert:  Clare replied 1 year ago.
Hi
For clarity - are you sure the agreement was not turned into a court order?
Clare
Customer: replied 1 year ago.
I have a clean break order in place, is this the same as a court order?
The children reside with their mother in the UK and I pay 10% per child but it makes no reference to any additional children that I may have in the future.
Expert:  Clare replied 1 year ago.
Hi
Yes that is a Court Order - is the Child Maintenance set out in that?
Has your income decreased since the Order was made?
Clare
Customer: replied 1 year ago.
I mentioned the clean break order in my initial question.
My income has gone up and down since my divorce and the maintenance has been adjusted to reflect this appropriately..
Yes it states that I pay 10% per child until they reach age 18. Again I have stated this above also.
Customer: replied 1 year ago.
Relist: Other.
I have not received an answer, Clare keeps asking for information that I have already provided and is slow to respond either way.
Please can someone respond or else provide a full refund by end of today, thank you.
Customer: replied 1 year ago.
Relist: Other.
I have not received an answer, Clare keeps asking for information that I have already provided and is slow to respond either way.
Please can someone respond or else provide a full refund by end of today, thank you.
Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay - I was in Court and after you re listed I waited to see if anyone else would pick it up for you.
A Clean Break financial Order doe snot always deal with Child Maintenance - yours does
This coupled with the fact that you do not live in the UK means that if you wish to vary the Order you will have to apply to the court for a downward variation
If you were paying via the CMS (new CSA) then the new baby would be a reason for a reduction. However the courts do not take the same approach and instead will may well say that you were aware of your commitments when you had the new baby and should have planned accordingly.
This does not mean it is not worth applying - just that you need to be aware of the problem - and that the odds are stacked against you.
Please ask if you need further details
Clare

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