Reviewing Orders

Hi, my first posting and would like some advice on how to apply for a review of an order and on what grounds it would be considered.

My areas of concern are to do with what I feel is fairness rather than affordability.

For example paying 100% of the child maintenance when I have the children for 6-8 weeks of the year.

My ex-spouse is co-habiting

My wife clains to be unable to work again through ill-health.

Is it true that there is a maximum level of child maintenance

As far as child maintenance goes, I suggest you try the CSA website where there is a calculator which will enable you to work out the level of child support you might have to pay.

It is always possible to ask for a variation of a spousal maintenance order on the grounds of changed circumstances.
The fact that your ex is cohabiting could affect how much you have to pay.

However it needs to be pointed out that the Court will look at the situation afresh and it is theoretically possible to apply for an increase and get a reduction, or vice versa.
Another of the difficulties is that you may not know your ex's exact circumstances, which can make it difficult to work out your chances of success. And finally you have to consider the costs of all this and decide whether the expense is worth the risk.

Mike 100468

If CM was agreed in a Consent Order after start March 2003 it is possible to involve the CSA after a year has elapsed. However, in certain circumstances the CSA doesn't have any jurisdiction eg when the non resident parent's income is over the CSA capped level.

To apply for a variation there needs to be a substantial change in circumstance, the court won't just change an order unless the premise upon which it was made has changed. If you were having the same amount of contact at the time the order was made and she was cohabiting then there is little chance of getting a variation. Also, bearing in mind your ex wife's claim of ill health, you need to be aware that variations may go up as well as down.

Hope that is of some use.

PS Judges are aware of CSA rules but the court looks at the overall picture and has discretion so CM is tailored to the requirements of the individual family.