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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Are conditional orders hard to change?

5 replies

Mollymommy · 05/01/2023 21:31

Just after a bit of advice regarding the child and financial conditional orders.. basically we’re settled on the money/house, he has bought me out and I’ve purchased a new property which I’ve almost completed on.

But the issue is with the children: we’ve settled on a 60/40 split with him paying me £480 a month. Which is what’s currently wrote out in the order, but we've not sent it anywhere yet to be processed, I’m stalling because I really think a few months down the line he will back track on how much he’s having them. So my question is if he starts picked and choosing less nights of having them and then back to the order, then dropping down again, is it easy to get the order redone and what happens if he won’t sign it.

also if he does start having them less is it easier to get my maintenance or will I be stuck with the £480?

Thanks in advance

OP posts:
millymollymoomoo · 05/01/2023 22:16

if you’re in England in 12 months you can go to cms and they would base it on whatever is applicable at they time …. Up or down

Everybodywants · 06/01/2023 00:29

In terms of the financial order on divorce no I don't think you can change it. Is the amount spousal maintenance?

millymollymoomoo · 06/01/2023 07:18

Looks like child maintenance per op talking about 60:40 care

spousal can be change but would need an agreed variation by court and circumstances would have to had changed materially

Mollymommy · 06/01/2023 14:03

Hi, I don’t think I’ve explained it very well. The calculators say he should be giving me £610 a month in child maintenance as it stands, but he said he can’t afford it so we’ve settled on £480. But if sign the separation agreement which states £480 and he stops having the kids, am I stuck at that amount? X

OP posts:
millymollymoomoo · 06/01/2023 17:14

No
you can apply for it to be based on cms and after 12 months cms would overrule court ordered child maintenence ( in both directions based on earnings and nights)

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