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Children Re-locating

  • Paranoidlloyd
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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
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24 Jun 12 #338803 by zonked
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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).

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24 Jun 12 #338819 by Paranoidlloyd
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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

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24 Jun 12 #338822 by zonked
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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
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25 Jun 12 #338842 by Fiona
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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
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25 Jun 12 #338992 by Child Maintenance Options
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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

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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

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