Can anyone help with this question re child maintenance?

[lollyheart]

This a question from my dh.

He pays cm for 2 children which was agreed by him and his xp through a solicitor 10 years ago.

10 years on and his circumstances have changed, he is now married to me and we have 3 children,5 3 and 2, due to the credit crunch etc things are very tight.

He did a calculation on the cm website and it came back that he could pay half of what he is paying now.

His question is can he go straight through to the cm people or will he have to change it through a solicitor?

Tia.

He wouldn't have to go via a solicitor. He could just go straight to the CSA.

That being said, though, doing that would likely be seen as a very antagonistic move by his ex. What is your DH's relationship like with his ex? Could he sit down with her and try to thrash out a compromise?

Agree with Snorbs. Both parties are entitled to refer maintenance to the CSA. However, I doubt his ex will take kindly to suddenly losing half the child maintenance. She may make contact difficult. I would strongly recommend trying to thrash out a compromise.

i have been on the other end of this, my x decided he was going to cut his payments significantly and i just had to lump it.

i would advise making the effort to discuss it with her first if possible.

When child maintenance was agreed in a court order predating March 2003 the courts have jurisdiction and the CSA cannot become involved. In this case it would be possible to negotiate agreement to reduce child maintenance and a solicitor could draw up a deed to document the agreement. Strictly speaking this isn't legally binding but would be considered by the courts if there were difficulties in the future. Alternatively he would need to apply to court for a variation to the order.

Also the exact wording of a consent order is important. Where there is a substantive spouse maintenance entitlement financial provision for the needs of a family as a whole can be made by way of a global sum to cover both SM and CM.