Help please with Child Maintenance court order

[BackinLondon2019]

Apologies in advance for the long post .....

There is a court order in place for XH to pay child maintenance for our two younger children who live with me. This was put into place via an international court (REMO) as he stopped paying the second I moved abroad (I won a leave to remove application in order to be able to do so).

Now our eldest has started university (she remained living with XH in the UK) I would like for the child maintenance he pays me to be revised since the amount taken into account for our eldest child cannot be 'discounted' from the amount he should be paying for our two youngest any longer (since she's finished compulsory education).

I opened a case with the Child Maintenance service and after two months wait, I called today to be told that they just closed the case for my eldest and that they are unable to revise the amount as this was set by the court. They told me to call Options which is useless since that's for private arrangements; XH will not pay a cent unless forced by the court.

Does anyone know how I can get the mount revised? Do I need to request another court case to have the amount revised? If yes, what would be the form to use? It doesn't help that we are returning abroad in the next three months so need something in place that is valid with the children living both in the UK as well as abroad.

Thank you

Hang on, so you want more child maintenance for your younger two as your eldest has started university? Are you still helping her financially? Is your ex husband? Or do you expect her to sink or swim on her own now?

I was under the impression that court orders could be cancelled in favour of cms after a year...

This makes no sense, or has your ex stopped giving any support to your eldest? Were you giving him financial support to him for the eldest?

The plan is to give her the difference directly, on top of what I am sending her every month. So no, I'm not letting her 'sink' (that's more XH who is barely contributing and has made her get a student loan)

Who is supporting your eldest?

Yes, the amount owed for the eldest was being substracted from the amount owed by him for the two youngest

So where is she living and who's funding that? He's 'made her get a loan' did he make her go to uni or has she chosen to?

Cantthink - I'm supplementing her student load. The plan is to give her entirely the difference of what XH pays now in cm and what he should be paying

She's at university - paid mostly by her student loan plus amount I send her every month

Can't you ask for CMS to do a mandatory reconsideration? Was there any instructions as to 'what to do if you think this decision is wrong'?

Rainbow - i will ask them. Earlier on the phone they said they couldn't help at all

Almost all students get loans - nothing to be 'made her do it '

Agree he should pay for youngest two

I thought most compulsory maintenance payments stopped at the age of 18. Nearly all students get loans. I dont quite see what the issue is. Is he paying for the youngest two.

Sorry I misunderstood. I thought your eldest child lived with you. That makes a difference.

I agree it’s frustrating, however I fear that you’re fighting a losing battle. She’s an adult now and whilst he ‘should’ support her, he doesn’t have to. Outside of MN I don’t know any kids who get any help at all from their parents for uni. She’ll probably just have to get a job. I’m sorry if that comes across as hard hearted but it’s the reality. He sounds like just another guy who thinks that maintenance is an optional bill, hence the court order.