A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Children Re-locating

  • Paranoidlloyd
  • Paranoidlloyd's Avatar Posted by
  • New Member
  • New Member
More
24 Jun 12 #338746 by Paranoidlloyd
Topic started by Paranoidlloyd
I am currently a father paying for two children through an attachment of earnings order that is now 10 years old.

My oldest daughter has now move in with me and my ex refuses to agree to change the payments. So I need to apply for a variation to an attachment of earnings order.

What is my first step?

  • zonked
  • zonked's Avatar
  • Platinum Member
  • Platinum Member
More
24 Jun 12 #338803 by zonked
Reply from zonked
If payments are through the CSA I would suggest:

1.

- sending them a registered letter informing them of the change of cirumstance

- applying for the child benefit to be put into your name.

2. If the CSA do not adjust your payments I would then write to my MP (who will then write to the CSA asking for a response).

3. If that failed, would then make a complaint to I.C.E (independent complaint examiner - sort of the ombudsman for the csa).

  • Paranoidlloyd
  • Paranoidlloyd's Avatar Posted by
  • New Member
  • New Member
More
24 Jun 12 #338819 by Paranoidlloyd
Reply from Paranoidlloyd
I am not going through the CSA. I have an attachment of earnings with the court, set up in 1999.

I have written to me ex, with a stamped addressed envelope and she refuses to fetch it from the post office. So no luck there.

I wrote to the court, and the judge said I need to apply to vary, but did not state what papers I need to file. Spoke to a solicitor and they wanted £1200 just to "check" the papers!!!

This is money I just don''t have. I know I need a form E, but is that all?

Any advice gratefully received Zonked.

Thanks

  • zonked
  • zonked's Avatar
  • Platinum Member
  • Platinum Member
More
24 Jun 12 #338822 by zonked
Reply from zonked
Am sorry but i dont have knowledge to give a confident answer. I do know there are some clever chaps on here and hopefully someone will be able to respond.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
25 Jun 12 #338842 by Fiona
Reply from Fiona
You can apply to court for a variation using Form A. However, there is now an expectation that in most cases applicants arrange a mediation Assessment and Information Meeting before the courts hear a case to see if mediation is appropriate and you also need to submit Form FM1.

  • Child Maintenance Options
  • Child Maintenance Options's Avatar
  • Moderator
  • Moderator
More
25 Jun 12 #338992 by Child Maintenance Options
Reply from Child Maintenance Options
Hi

Thanks for the post.

Contact your CSA office (you will find the number on the top of the letters they will have sent you) and explain the change in your circumstances.

This is not a ‘variation’ but merely a standard change of circumstances and once they have confirmed that your daughter is now living with you, they will then calculate the alterations in your payments

I hope that this clarifies the situation for you

  • Child Maintenance Options
  • Child Maintenance Options's Avatar
  • Moderator
  • Moderator
More
25 Jun 12 #338997 by Child Maintenance Options
Reply from Child Maintenance Options
Hi

Thanks for the post.

Contact your CSA office (you will find the number on the top of the letters they will have sent you) and explain the change in your circumstances.

This is not a ‘variation’ but merely a standard change of circumstances and once they have confirmed that your daughter is now living with you, they will then calculate the alterations in your payments

I hope that this clarifies the situation for you

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11