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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35214
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 currently receive maintenance for my two girls from my ex

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I currently receive maintenance for my two girls from my ex husband which was stated in a court order. In April he is telling me he is going to the CMS as the court order will have been around for 12 months. He is self employed but works for his fathers firm and i know that his accounts he puts through as the basis of his income will not be anywhere near his actual income. He is proposing reducing the amount by 225 a month leaving me with 200 a month to look after two teenage girls. I have been advised to complete the D50k form, what do you think?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Stafford
Assistant: Has anything been filed or reported?
Customer: Not yet as we are still in the 12 months of the court order, he is warning me for April when that ends.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No

Thank you for your question

My name is Clare

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

Has he actually already reduced his payments?

Customer: replied 4 months ago.
He is currently paying the correct amount in the court order which apparently is only valid for 1 year? He is then going to the CMS to reduce the payments right down. I have used their calculator based on what I remember him putting on his accounts and it is reduced considerably from May onwards.
Customer: replied 4 months ago.
Im trying to do what ever I can to stop him from reducing it as he feels he 'has sacrificed too much providing that for them'

Sadly there is no action that you can take to stop the application to the CMS.

However he does have to apply for the assessment - and you can challenge the first assessment and give the CMS all the details that you have and ask for a re-Assessment based on the correct figures.

If he just drops the money without going to the CMS then you cam use the D50K form to enforce the order.

I am sorry not to give you better news - please ask if you need further details

Customer: replied 4 months ago.
Thank you, ***** ***** to clarify the D50K form cannot be used until he has been to the CMS? Does the court order only last 12 months?

The D50K form is used to enforce arrears.

If he just reduces the payments without going to the CMS THEN you can use it.

The majority of the Court Order lasts for ever - but the child maintenance part can be revisited by the CMS after 12 months

Clare and other Family Law Specialists are ready to help you