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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34887
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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Could you tell me what form I would need to send in to amend

Customer Question

Hi there, could you tell me what form I would need to send in to amend a court order which allows me to marry and still get global maintenance from my ex husband? He is in agreement. Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How old are the children?

Customer: replied 1 year ago.
They are 16 and 14 and the maintenance agreement runs out when my youngest is 18. I have been divorced for two years.
Customer: replied 1 year ago.
I was given the house, £1600 a month to cover the mortgage and money for the kids. My partner is willing to take go onto the mortgage so my ex can be released from it sooner rather than later but we have been engaged for three years and we really want to get married, his mum is elderly and he wants her to see her son get married. My ex agrees to this as long as he is taken off the mortgage at the same time we marry. Thanks Claire x
Expert:  Clare replied 1 year ago.

How much does your ex earn - and do you trust him?

Customer: replied 1 year ago.
163;123k a year and I don't trust him. He stole 7k out of his kids savings account and was cheating and left me with nothing so I had to go to court to make him pay.
Expert:  Clare replied 1 year ago.

How often do the children spend the night with him?

Customer: replied 1 year ago.
They don't...youngest has not seen him for four years...oldest is autistic and sees him once a month for a few hours. Surely all I need is the right form to send in an amendment to the court. The rest of the details stay the same?
Customer: replied 1 year ago.
If we both agree then surely the other details are errelevent. I just need to know how to go about sending in forms etc?
Expert:  Clare replied 1 year ago.

Sadly this is not possible.

Spousal maintenance ends on remarriage whatever the parties agree.

Your only option is to amend the Order so that it refers to Child maintenance alone - and I asked the questions to ensure that this will not leave you open to him applying to the CMS after a year and you receiving less in Child maintenance.

Fortunately this would not be the case although there may be a potential problem when your eldest leaves school if he or she does so before they are 20.

Accordingly what you need to do is have a Consent Order drawn up with the new wording and then to forward it to the court with a D11 and the fee of £95.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thanks was a global maintenance order....does that make a difference?
Expert:  Clare replied 1 year ago.

It is what causes the problem!

What is the exact wording?

Customer: replied 1 year ago.
I don't have it to hand but by my memory it says all monies should stop should I marry. I managed to get living with my partner lifted before I signed it x
Expert:  Clare replied 1 year ago.

That means that you do indeed need to change it to child maintenance.