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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1431
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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A court order children was put in place

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A court order for maintenance for 4 children was put in place in 2008. Only 1 child is still in secondary education. What percentage of the payment should be allocated to that child or is the sum (£520 pm) equally proportioned to each child (ie 1/4 of £520)?
Thank you for your question.
A court order made in 2008 for child maintenance can be changed after 12 months. Child maintenance is still payable until a child is 20 when they are still in education or further education. When they start advanced education ie university level you are no longer liable.
It's worth checking with the Child Maintenance Service for current liability amount if you are no longer responsible to pay for all 4 children. They have a useful calculator on their website.
Kind regards
Positive feedback gratefully received. I am new to this service and therefore positive would be thankfully received.
Customer: replied 2 years ago.
Relist: Other.
I am not the one paying maintenance, I am receiving it!
Maintenance for 4 children was set by a court order in 2008
Since then, when the 2 eldest children moved onto university my ex reduced the payment from £520 pm to £361 pm. Now that child number 3 has come out of education my ex has cut the payment in half. I was asking whether a court order payment is apportioned per child or whether it is worked out as a percentage on a sliding scale. I am sorry I have not made myself clear. £361 pm equates to more than 50% of the £520 So I was wondering whether a percentage could be applied to the £520 pm for paying for one child. I hope that makes more sense
Thank you for your response.
The position remains the same in relation to court orders. As the payments have previously been reduced - effectively the arrangement for maintenance that is currently in place is no longer in compliance with the court order but a Family Based Agreement.
You need to check with Child Maintenance Service to ensure you are receiving at least the minimum. If you are receiving more than you may be satisfied with the current amount. If less then you should ask your ex for more or make a claim to the CMS.
Kind regards
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