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I am a Solicitor and will assist you.
Please may I ask:
- what is the date of your court order?
PS I just need to nip out but will respond as soon as I return
Thank you for clarifying that for me.
Any agreement that you reach between you does not mean that the order that you have needs to be varied.
That being said, if the amount agreed was to be less then you can ask the court to vary the order according to the agreement that you have reached so that you can have some reassurance that the other party cannot try and say that this was not agreed and seek any shortfall. Although if you do have any agreement in writing then the court can and will consider this should the other party try to take such action.
In relation to the mortgage company they should accept a written letter from both of you in relation to the current payments as well as a copy of the court order. It really is dependant upon their own internal rules and not set externally. If they do want an order confirming the review then you can send a consent order to the court signed by both of you for the court approval.
You may or may not be aware that as your court order is now over 1 year old then either of you can choose to 'opt out' of the provisions relating to child maintenance as long as you provide 2 months notice and refer to the Child Maintenance Service for a full assessment. This is known as the one year rule. It may well be worth you checking the calculator on the CMS website to see what your liability would be and if it is less then what you are currently paying then you may choose to provide such notice and refer to the CMS. If you took such action then the mortgage company would only need a copy of the CMS assessment.
Let me know if I can assist you further
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You are correct - if there is a true shared care arrangement in place then under the CMS rules you would not need to pay maintenance. This has to be a true shared care arrangement. I say this because it is not just nights. This means that if it was your day and the children were ill then you would need to pick them up from school etc to make it a true shared care arrangement.
You really do need to give consideration to giving notice and referring to the CMS in your case.
You can ask a solicitor to draw up a consent order if you need one but be careful as the 12 month rule will start again from the date of the new order being approved, which means you will have to wait again.
Positive feedback is gratefully received
Thank you for your kind words. Glad I could help.
It doesn't sound like your ex is struggling and you do need to secure the best for yourself and your children too.