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Hi, thanks for your question. Just a bit more details required to fully assist you:
-is the maintenance spousal or child?
-is it reflected in a court order, if so was the order made by cons?
-when was the order approved by the court?
-is there a child arrangement order stating who she lives with?
Thanks for confirming. That should have read - was the order made by consent? Please let me know once you have checked this tonight.
Thanks for confirming. As the order was made by consent and it has been more than 12 months since it has been granted, you are able to apply to the CMS (or by agreement as you have agreed to a review in the order) for the child maintenance to be calculated based on your current income. (If you provide me your gross income, how many nights a week she stays overnight with you on average and how many other children are in your care I can provide you with your legal amount.
In relation to her making decisions as to where she lives, she can only do this at 16, however, prior to this if she is making her wishes and feelings clear that she no longer wishes to stay in her current placement you can consider applying to court for a child arrangement order if there is no agreement between you as parents.
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