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court order variation

  • ollie08
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07 Jun 14 #436110 by ollie08
Topic started by ollie08
Please can you advise me if I am entitled to go back to court and apply for a variation of court order for child maintence as I have remarried and now have two dependant children with my current wife.
Have been paying child maintence for the last 13 years but had my daughter with my current wife 8 years ago and our second 3 years ago. my son from previous marriage will be 17 next month and my ex wife has been remarried for the last 6 years.
Thank you for any advice that can be given.

  • MrsMathsisfun
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07 Jun 14 #436111 by MrsMathsisfun
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Welcome to wiki
Assuming you son is still in full time education.


If the child maintenance order was written before 2003 then you would have to apply to court for a variation. If it was after this date then you can just apply to the csa for an assessment.

  • Fiona
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07 Jun 14 #436120 by Fiona
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What are the terms of the order? Sometimes payments are a fixed amount which doesn''t rise with inflation in which case you wouldn''t necessarily be better off applying for a variation or to the Child Maintenance Service .

  • Child Maintenance Options
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18 Jun 14 #437158 by Child Maintenance Options
Reply from Child Maintenance Options
Hi ollie08

Thank you for your post. I am William the Child Maintenance Options consultant. I will provide some information that may help answer your query.

Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September. You can find more information on the statutory rules on when child maintenance stops on Gov.uk at www.gov.uk/when-child-maintenance-payments-stop.

However, with you having a Consent Order in place for child maintenance, you will need to review the terms and conditions of your arrangement to clarify when your payments will stop. It''s possible to change the terms of your Consent Order but to do this you will need to get legal advice. This usually results in going back to court to set out the application on a standard form. The court will then consider any changes.

Any Consent Orders that were endorsed after March 2003 are not legally subject to change unless they have been in place for at least 12 months. After 12 months, either parent can apply to the Child Maintenance Service and the Consent Order will no longer be valid. However, if a Consent Order dates back to before April 2003, then law doesn’t allow parents to change over to the Child Maintenance Service. Only the courts can arrange child maintenance in such circumstances. You can find more information about using the Child Maintenance Service on Gov.uk at www.gov.uk/child-maintenance.

For more information on the ways to set up child maintenance, please visit our website at www.cmoptions.org. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday.

Regards

William

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