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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27782
Experience:  25 years experience of all aspects of family law
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Hi In 2005 I had a divorce and a consent order for £750,

Resolved Question:

Hi

In 2005 I had a divorce and a consent order for £750, with it listed that £250 of that was for child care fees. The childcare amount was to go into a separate account, and at the end of the financial year, I was to be sent a statement showing the spending, and any monies that were left over would be available to take back or be spent on the benefit of the children.

In 2008, my wife decided that she would need an au-pair to help with the children, and as such deemed that the £250 go toward that, and that she didn't need to send me any statements any more.

In 2010 I said that I couldn't really afford to pay for the childcare fees section anymore, and felt that the children weren't really clocking up childcare fees anyway, unless it was during the summer. I asked that childcare fees be issued to me on a as needed basis instead. My ex said she wasn't willing to agree to this.

In 2011 I went to the CSA for them to handle my maintenance costs, so that my ex would get a fair amount based on the salary I have. I was then informed that I still needed to pay the £250 childcare fees. I can't remember by who. I think it may have been the CSA. As my situation had improved I decided not to argue.

Now my financial position is really bad again, my daughter is being sent (against my wishes) to a boarding school (funded by my ex's father I am led to believe) and my eldest is now 14 and supervises himself when he returns from school.

So I would once again like to try and remove the childcare element of what I pay, and just pay the CSA agreed figure.

Can you let me know how I should go about this, and how likely I am to be successful?

Thank you.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
What is the exact wording of the order regarding these fees
Claire
Customer: replied 1 year ago.

Hi


 


It says:


 


The Respondent do pay or cause to be paid from 1 September 2005 periodical payments to the petitioner at a rate of £750 per month (£250 of which is for childcare/nanny fees) for the benefit of the Petitioner for their joint lives or until she remarry or further order and for the children of the family XXXXX XXXXX (DOB 22/03/99) and Lauren Barnes (DOB 10/04/01) until they cease full time territory education or attain the age of 18 years, whichever is the later.


 


Is that what you were looking for?

Expert:  Clare replied 1 year ago.
HI
May I ask who drafted this order?
Claire
Customer: replied 1 year ago.

It was my wife's solicitor, that was then passed by Birmingham County Court.


 


Thanks

Lee

Expert:  Clare replied 1 year ago.
Hi
This is badly drafted as the wording suggests that this is also spouse maintenance which means that the CSA assessment would not necessarily full replace the order.
The only way around this is for you to apply to the court for a downward variation - indeed a dismissal - of the spouse maintenance order
If your ex will not agree to this then you will need to apply to the court using a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
Which will start the process
The fee is £240
I hope that this is of assistance - please ask if you need further details
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27782
Experience: 25 years experience of all aspects of family law
Clare and 4 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Claire


 


Thanks for your help so far. The form seems to be quite simple and doesn't allow any space for me to make my case. Should I do so in a covering letter, or will I get that opportunity later in the process?


 


Many thanks



Lee

Expert:  Clare replied 1 year ago.
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