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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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Can the CMS overrule child maintenance part of an existing

Customer Question

Can the CMS overrule child maintenance part of an existing Court Order re divorce? If so is there any recourse to have child maintenance increased to reasonable level above the reduced level set by CMS?
If the Court Order did not include Spousal Maintenance can this now be added due to changed circumstances - big increase of 'caring parent' costs and very large disparity of disposal income of both parents.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Order made and was it made by Consent?
What income does the paying parent have?
Customer: replied 2 years ago.
Order was made about 4 years ago by Consent.Paying parent recent application to CMS overruled this Order and allowed child maintenance payments for the two children to be reduced by hundreds of pounds - causing real financial difficulty and serious stress for (working) caring parent.Paying parent Gross Income unknown - but based on maintenance figure set by CMS is about £60,000 (income figure after payments into a pension scheme). Actual maintenance set by CMS was reduced by 2/7 due to overnight stays with paying parent.Questions remain:-* What is value of a court Order if child maintenance part can be overruled by CMS and is there any way this situation can be reviewed?* If Spousal Maintenance not included in original Order can situation now be reviewed?
Expert:  Clare replied 2 years ago.
Were you legally advised when the order was made?
How much was the other parent earning when the order was made?