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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33276
Experience:  25 years experience of all aspects of family law
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I divorced around 18 months ago and foolishly signed a

Customer Question

Hi
I divorced around 18 months ago and foolishly signed a consent order signing over our mortgage free house with around £180k, car and everything in it in return for £60k saving and my business worth around £24k.
We have two kids and agreed to pay £300 per mth per child in maintenance.
Shortly after the divorce my wife kicked out my 15 year old and he came to live with me. He has just left for a residential college course although I'm primarily funding it.
She has written to me demanding £300 a mth for my 14 year old.
I'm fuming, I signed over the house and agreed to pay such a high amount to give my children the minimum of disruption only got her to kick one out!!!! I want joint custody a 50/50 living arrangement for my youngest (something he is happy to do)but she has point blank refused saying she will enforce the consent order!
My question is, did she breach the order in the first place by kicking out my eldest after being given the house and custody???
Submitted: 9 months ago.
Category: UK Family Law
Expert:  Clare replied 9 months ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is your gross income

How is the care of the child shared between you?

Clare

Customer: replied 9 months ago.
HiI earn £700 per month through the PAYE scheme and get £1900 per month in dividend payments.For the last fourteen months I've had my eldest living with me permanently and have my youngest every Thursday night, alternate weekends ( although I've had him numerous times on "her" weekends) I split school holidays 50/50. Both me and my boy who is 14 are happy for him to live with me 50% of the time but she has told him categorically no. In my opinion she is more interested in the money than anything else. If anything she neglects him when she looks after him. He's a latchkey kid while she works, on numerous occasions she fails to collect him or indeed take him anywhere.Hope this helps
Expert:  Clare replied 9 months ago.

How old is your eldest?

Customer: replied 9 months ago.
He has just turned 17 and joined a merchant navy college doing a cadetship. I checked with child benefit and I lose this. She has also checked and said that I should now start paying £300 per mth for my youngest.When my eldest came to live with me she refused to pay anything for him, even making him pay for his own takeaway whilst in her care saying "you are not my financial responsibility anymore". I suspect this will remain the same as his home address is at mine. I've just paid £340 for his motorbike insurance but she refuses to contribute. The irony of that is I don't even motorbike but she does and they bike together a lot!!!!I know I have a duty to both my kids and have never shied from that but I think she is doing it purely for her own personal gain!!!
Expert:  Clare replied 9 months ago.

Hi

Sadly no there is no breach of the Order involved, it is always a possibility that housing arrangements will change so neither is it a reason to reopen the Consent Order unfortunately

Your child maintenance liability is 12% of your gross income subject to a discount to reflect the time that the child spends with you

You can find the details here

http://www.nacsa.co.uk/index.php/cs3-calculations

At 14 it is up to your son how he shares his time between you - you shoudl offer to discuss it with your ex using Family Mediation and a mediator trained to work with young people.

If she refuses then you can apply to the court for a Child Arrangement Order setting the details out

Please ask if you need further details

Clare

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