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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35954
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 live in the UK and have an ex wife and two daughters (7

Customer Question

Hi, I live in the UK and have an ex wife and two daughters (7 and 9) in South Africa and have been apart for over 6 years now. We currently do not have a formal child maintenance agreement in place but have been providing maintenance from the beginning. There is now a demand for a substantial increase in child maintenance and I'd like to formalise it. I get that with them being based in South Africa there's a complexity there and this may be better suited for an SA based lawyer but would like to get advice from a UK based lawyer first.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing has been done to date. All was quite amicable between us until recently so we were able to agree out of court between us
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: North Yorkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 13 days ago.
Category: Family Law
Expert:  Clare replied 13 days ago.

My name is ***** ***** I shall do my best to help you I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 13 days ago.

What is your gross income and how much child maintenance are you paying?

Customer: replied 13 days ago.
163;72k. £950 maintenance plus Adhoc expenses. Ie. £380 this month to cover self payment gap for private medical aid in SA, books, stationary etc. for school
Expert:  Clare replied 13 days ago.

There are two options here

The first is that there is a Court Order in South Africa (possibly a consent order) setting out the amount thatyoupay.

Your ex can then enforce this here in the Uk should she wish to do so using reciprocal arrangements which are in place

Alternatively your ex can make the application here in the UK and you can have the Consent Order here - and it wil be easier to enforce if necessary.

If the application is made here the court will expect the order to be inline with the Child Miantenance Servoce guidelines or better.

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