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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a question on Child Support. I am the paying parent

Customer Question

Hi I have a question on Child Support.
I am the paying parent (father), as part of my divorce in court a order was also included for child support. Order made under Harden County Court Texas.
I have now met my new partner and am literally moving to the uk in a matter of weeks.
My ex wife has now remarried, so there is someone else now contributing to her and only her living costs.
I want to continue to pay for my kids,
I want to I come over under the 12 month rule which I qualify for and have my court order re accessed by the CSA over here to take into account the changes.
Also if I live in the uk although the original order was in Texas USA, will a court over here apply exceptional circumstances and look at it for me over here.
I want the old court order to be superseded the cheapest way, (12 month rule sounds best) at moment, I am happy to set up a new court order when I can afford to do so, as there is no chance of mediation with my ex and I worry over visitation rights as well as a few other things
I can't really afford court action to modify until I get on my feet financially, and can't do that if I continue to overpay my maintenance off an incorrect assessment, basically I am left with £220 per month to pay all my bills and live, I just need a bit of advice to get me out of the spiral.
Please help as not sure which direction or what I qualify for from a legal point of view in the uk
I can't afford and don't want to keep traveling back to same Texas ocourt for any issues.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youI am afraid that since the child does not live in the Uk there is no basis on which the CMS (new CSA) will be involved at all.The Texas Order will stand and if you stop payment your ex can apply to enforce them here in the Uk using the reciprocal arrangements inplace between the USA and the Uk.This is done via the courts and the only power the Uk court has is to decide what your protected income should be.Whilst this may limit your payment the Texas Order will stand and you will have to pay of the arrears at the end of the termSorry to give such bad newsPlease ask if you need further detailsClare
Customer: replied 2 years ago.
Thank you Clare I understand.
The problem I have is i knew nothing about child support initially and totally trusted my wife to sort things out, it was only in the court room she revealed how untruthful she could be.
Let's say I go for a modification, I felt that I was treated unfair at harden county court, although she had an affair for almost a year and left me for this person, I still allowed and trusted her to file, she used this courthouse in her new boyfriends town, which is significantly small by the way, everyone knows everyone, her solicitor was related to her new boyfriend and he was distantly related to the judge. Because the town is so small this happens all the time, and via overlooked. I was overruled on almost everything, and was not allowed to even argue my temporary overtime.
I could go into detail but feel that most of the decisions were biased in her favour.
Don't get me wrong, I am a fair man and I do want to pay, but the size of the town and legal representation she will always have will be biased, no matter how much mitigating circumstances I have.
I need to know if there is a way I can have my case heard in a different court, and a fair reflection of my earnings applied to a new order.
I don't seem to be receiving your response to my email address can you check it for me please***@******.***
Expert:  Clare replied 2 years ago.
HiI am afraid that there is no basis on which the UK courts can or will intervene in this matterThis is a matter which will have to be dealt with in Texas