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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28837
Experience:  25 years experience of all aspects of family law
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I pay child maintenance via a consent order dated October 2012.

Resolved Question:

I pay child maintenance via a consent order dated October 2012. I understand CSA takes over the calculation of child maintenance after 12 months (i am paying far in excess of what the CSA calculators state I should). I live in the US (divorced in the UK). Can I reduce payments to that defined by the CSA? Do I need to get an amendment to the consent order to stop any potential REMO?
I'm confused by CSA calculation, enforcement of the consent order via a US-UK recriprocal agreement. I am bothered by the fact that I pay far far in excess of what the CSA says I should.
Thanks
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Are you working for a UK based company?
Clare

Customer: replied 1 year ago.

Thanks Clare,


 


No, I am working for a US company

Expert:  Clare replied 1 year ago.
Hi
Then I am afraid that I have bad news for you.
The CSA will not be invoked in your case as you are not Resident in the UK.
The only way that the amount can be reduced is if you apply to the UK Court for a downward variation.
Even if you have been in the Uk the change would not have been automatic - you would have had to apply for an assessment.
I am sorry not to give better news - please ask if you need further details
Clare
Customer: replied 1 year ago.

Ok thanks.


If I have a CSA assessment, can I use this as a basis to apply for a downward variation order?


My understanding is a court will side with the CSA assessment, is this correct? I currently pay 30% of my net income for child maintenance whilst though CSA it will be approx. 17% of my income. It seems grossly unfair.


Additionally, can I simply request a CSA assessment? It seems that you can do this only for select circumstances; the CSA directs you to their on-line calculator unless you have specific circumstances, what are not clear to me.


Thanks


 

Expert:  Clare replied 1 year ago.
Hi
You cannot request a CSA assessment as you do not live in the UK - a pre-requisite for an assessment to be made.
You can certainly use the CSA calculation as a reason for the application - but unless there has been a considerable downturn in your income since last October you may struggle to be successful
Clare
Customer: replied 1 year ago.

Will a change in circumstances suffice? I have remarried and have a baby, hence I am supporting a non-working wife and new baby, which is financially difficult.

Expert:  Clare replied 1 year ago.
Hi
Sadly not necessarily - better to rely on the fact that you are overpaying - together with an an explanation of why you agreed that figure to start with
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28837
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

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Clare
Clare
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25 years experience of all aspects of family law