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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1386
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex husband has announced he is reducing the child maintenace

Customer Question

Hi my ex husband has announced he is reducing the child maintenace because he has moved in with someone. She has one child . Can he do this?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
I am a family solicitor and I can help.
Thank you for your question. Please could you provide me with further information.
- Is your ex currently paying maintenance under 1) a private agreement 2) a court order 3) through the Child Maintenance Service
- If your answer is a court order - please confirm when the order was made.
Kind Regards
Customer: replied 2 years ago.
He chose an amount to pay me which seemed fair and my solicitor at the time agreed
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your response. You have described a family based agreement as to the maintenance that you are currently receiving.
Family based agreements are not legally binding.
If your ex does move in with his new partner and her one child and his new partner claims child benefit for the child - then the Child Maintenance Service would work out the amount of child maintenance that the non-resident parent (your ex) must pay based on part of their net weekly income, instead of all of their net weekly income.
If you ex was paying the basic rate child maintenance the the CMS would not count 15% of his net weekly income, for one child living
with them.
Its worth speaking to the CMS to work out what you would likely receive. If this is better than what is offered currently tell your ex this.
Kind Regards
I would be grateful if you could kindly rate my answer. Positive ratings are gratefully received as I have only just started as an expert on this site. Thank you
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful for positive feedback
Kind regards