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Divorce court order question please

4 replies

catkin14 · 17/09/2014 21:40

I need more advice please?
My divorce court order includes a section about my child maintenance payments from Exh which says payments must be made till DS is 17 or at end of secondary education which ever is the later.

But court order only lasts a year (mine is up at end of January 2015) so what happens then?
My Exh refuses to speak to me (other than 1 email a few days ago, see previous post) so will I just need to apply to CSA?
He is a high earner. Will the earnings of his live in fiancee be taken into consideration too?
Ours was a very bitter divorce, he is still very angry that I was entitled to anything let alone half, I earn a very small amount due to running my own small business so need his payments for DS.

OP posts:
STIDW · 17/09/2014 22:57

PArents don't necessarily need to apply to the CSA after 12 months. When child maintenance is agreed as part of the overall circumstances the order remains in effect until an application is made to the new Child Maintenance Service. No application can be made to the CMS during the first twelve months but after that normally either parent may apply to the CMS, the CMS then calculates child maintenance and notifies the court. Only then a couple of months later does the order cease to have any effect.

When the CMS calculate child maintenance it is a percentage of the paying parent's gross income and their new partner's income isn't taken into account. Pension contributions and an allowance for any children living in the paying parents household are deducted from the paying parents gross income before the calculation. There are reductions to the amount of child maintenance for the number of overnights over 52 per year that the children stay with the paying parent.

STIDW · 17/09/2014 23:01

Sorry I didn't phrase that very well. If children have over contact for more than 52 nights or an average of more than 1 night there is a reduction to child maintenance payments.

catkin14 · 18/09/2014 06:42

Thanks for that.
So just to be clear, the amount he pays for our DS who is nearly 16 stays the same as the court order unless he asks the CMS to change it after the 12 months of the court order? i have read that the CMS now handle new CM claims?
But unless he or I do that the amount remains the same?
Thanks for your help

OP posts:
Collaborate · 18/09/2014 09:40

That's right. Any application to CMS doesn't change any arrears, though you need specific permission (called "leave") from the court to enforce arrears over 12 months old.

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