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What is the status of a Financial Order sealed at Court? I ask as the Order with my ex is clear about maintenance payments, but my ex has decided she wants more as the fees of the Private School she has decided to send the children to are higher than she hoped, therefore wants more from me. She has threatened me with CSA (I know it is now CMO, but that's her understanding) who seem keen to get involved.
If the court order is older than a year old then it can be overridden by a claim with CMS. However I'm pretty sure they will not factor in private school fees. The amount you pay through the CMS is worked out on a percentage of your gross salary and not the receiving parents outgoings. Of course you could agree to pay towards the children's school fees, and if you did I believe you may be entitled to a reduction of the maintenance you pay.
Check out the sticky at the top of the child maintenance section called "How does the CSA calculate payments". There are links to the cMs leaflet explaining how maintenance is worked out and what reductions you may be entitled to.
I would also check the amount you would be expected to pay rough the CMS and this can be done with their calculator.
www.gov.uk/calculate-your-child-maintenance
I believe (though I may be wrong) that the CSA/CMS calculations are based on a child attending state school. If a private school is involved, then the court order for this may (and as I say, I'm not certain) still be valid (I think any boarding element may be included in the CSA calculation though). It's worth speaking to the CMS to ask them for their view on this - by all accounts they are quite helpful on the phone.
Hello TGdad098
As mentioned in previous posts, the Child Maintenance Service work out maintenance payments based on your taxable gross income, not on the receiving parent’s outgoings.
Also mentioned previously is that a Consent Order/court order can be replaced by a Child Maintenance Service arrangement once the order has been in place for twelve months. There is also the option of going back to court to have the order amended.
You can use the Online Calculator on the Child Maintenance Options website, http://www.cmoptions.org, which will give you an indication of the amount you would be expected to pay by the Child Maintenance Service. You would not be expected to pay anything else on top of that. That is not to say that you cannot pay towards your children’s school fees if you wish, of course.
If you would like more information about the other options available to you, you can contact Child Maintenance Options directly.
The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William
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