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Peter Collins
Peter Collins,
Category: Australia Law
Satisfied Customers: 4455
Experience:  Barrister at Self Employed
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I am divorced and have a consent order - this is from 2017,

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hi I am divorced and have a consent order - this is from 2017
JA: What steps have you taken? Have you filed any papers in family court?
Customer: it states my husband will pay me 400 a month in respect of our two sons - 13y and 15y until they are 18 or finished in full time ed he wrote to me saying he is reducing the payment to 160 per month - can he do this?
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: bury st edmunds
JA: Anything else you want the Lawyer to know before I connect you?
Customer: im not sure -
Customer: replied 12 days ago.
I have the consent order already and he has been paying 400 a month - he wrote saying he wants to cut the payment to 160 as his income is reducing -m can he do this legally?

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm reviewing your question and will revert back to you shortly.

Customer: replied 12 days ago.
thank you Peter. I am available now until 1pm then back again at 3pm.
Customer: replied 12 days ago.
I cannot do a live phone call as I do not have the privacy - sorry

Can you just confirm for me - has he had a drop in income?

The situation is, I'm afraid, that after the order is more than a year old, he can apply to the chid maintenance service for the amount to be reassessed, and if he has had an income drop then this may indeed be the outcome of their assessment, as maintenance is based on a percentage of the paying parent's income.

Customer: replied 12 days ago.
Yes, I think he is having a drop in his income.

OK. Then I'm afraid it really isn't great news. If his income has dropped he's entitled to ask for the maintenance amounts to be recalculated. I appreciate that you perhaps didn't want to hear this, but I do have an obligation to be honest about the law here.

Can I clarify anything further?

Customer: replied 12 days ago.
Ok, thank you
It is bad news for me
Thank you for your help

My pleasure and I'm sorry it wasn't great news.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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