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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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When a non resident parent has underpaid child maintenance

Customer Question

When a non resident parent has underpaid child maintenance via Court Order for 6 years which court form do we complete to start the reclaim process and can the same forms be used to ask for an upward variation in child maintenance please.
Submitted: 8 months ago.
Category: Family Law
Customer: replied 8 months ago.
Also where mother has 5p maintenance and earns 18k pa and marriage was 12 years duration and also ended 12 years ago is it likely an increase in maintenance would be successful. Ex husband earns around 45K and has remarried, his current wife works and they have no dependants.
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Please confirm:

-Was the court order made "by consent"? It should clearly state in the order.

-Why has the arrears issue not be dealt with previously?

Customer: replied 8 months ago.
I believe court order was by consent. The question was typed by myself on behalf of my daughter. Her ex states the reductions were by agreement. This was not the case. My daughter has many qualities but maths is not one of them so she had no idea of the amount of arrears until I worked it out for her. The original court order was £45 per child to go up by RPI. Her ex now earns considerably more money and enjoys frequent expensive holidays. He has previously promised to pay for half of school trips and then defaults once they are committed to.
Customer: replied 8 months ago.
Please continue to correspond by email
Customer: replied 8 months ago.
I would appreciate a reply please
Expert:  Harris replied 8 months ago.

Apologies for the delay in responding. Firstly, arrears arising out of a financial settlement are usually limited to 12 months and it will now be difficult to attempt to seek it through the courts for over this period.

In terms of varying the amount - the amount in the order remains payable and enforceable, however the amount can be reviewed by the child maintenance service and their calculation will be based on the current gross income of the father and their amount will supersede the consent order amount - so long as the order was by consent.

In terms of varying the spousal maintenance amount this must be under new court proceedings using Form A.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you