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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2535
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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The child maintenance daughter over the past

Resolved Question:

Hello. The child maintenance for my daughter over the past 14 years has been determined by a court order and based on her living with me. She has recently decided to try living with her father so her father has ceased those maintenance payments to me.
We have failed to agree new support arrangements between us so he has suggested approaching the CMS to arbitrate. However, if a court order is in place do we not need to go back to court to have that order cancelled and have a new order made? Would the CMS get involved in a case that has an order active?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
How long has the court order been in place?
Child maintenance as part of a court order remains effective for 12 months. After which, if you cannot agree to a change of the arrangements the matter should be referred to CMS.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
You have not answered my question. The court order states that the terms are not for just 12 months but until my daughter is 18. She is 16 in February. The terms of the court order have not expired so I need to know whether the prevailing court order that is in force means only a court can vary or cancel them. The CMS an hour ago told me via telephone that they would not get involved in a case where there is a prevailing and active court order but you are saying the opposite.
Expert:  Harris replied 1 year ago.
Please confirm - was the court order made in relation to financial relief proceedings as part of a divorce?
Was the court order made by consent?
Customer: replied 1 year ago.
It was part of a divorce settlement made in 2004.
The court order made by consent.
Expert:  Harris replied 1 year ago.
Thanks. As the Court Order was made by consent, then it is subject to the 12 month rule for the child maintenance provision. It does not matter if it refers to the child maintenance provision being in place until your daughter is 18, it the order cannot be enforced past 12 months.
If no agreement is reached regarding this then you will have to refer the matter to CMS and explain to them that it is part of a financial settlement by consent and is no unenforceable as it is past 12 months.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2535
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I have been a family lawyer for 30 years.The answer given is incorrect in terms of the law he refers toIn fact the Order remains enforceable after 12 months - it remains enforceable until the child is 18 (or whatever other provision is made)The 12 months he mentions refers to the fact that after 12 months either parent can then apply to CSA/CMS for a new assessment.In your case this is irrelevant anyway as circumstances have changed and the Child now lives with the other parent which makes the Court Order invalid and unenforceable in any event

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