Family and relationships question:
I divorced my spouse in 1997. As settlement she got the equity in the family house, plus I agreed to pay £550 in maintenance pcm for my daughter (Now 17) until she left tertiary education. In 2008 I remarried and now have a 2 year old son. Although I have a reasonable income I struggle to make ends meet on the current court order. My pension provision is not what it should be and my new wife and I have an interest only mortgage as we cannot afford to pay off capital. According to the CSA maintenance calculator I should have been paying £408 prior to my son's birth and should now be paying £350pcm since my son's birth. I have asked my ex-wife to accept the reduced amount but she insists the court order must stand. Am I able to have this court order changed or switch to a CSA arrangement?
Responses:
Peter Johnson's response
Any court order can be varied either by agreement or by the court itself. If your ex-wife won't agree then you would need to issue the application at the same court that granted the divorce. You would also need to provide full disclosure of your current means. The court has the power to increase and decrease the order so you really should run this through a family law expert before taking it further. Good Luck!
Nadia Beckett's response
You can make an application to the CSA for an assessment of your means. Once the CSA does an assessment the court order ceases to have effect and becomes invalid. The CSA assessment takes precedence.
www.beckett-solicitors.co.uk
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