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Variation of child financial provision

When a marriage or civil partnership breaks down and there are children involved the court’s primary consideration is their welfare and needs. If one parent is taking the majority of responsibility for the childcare then the other parent must make payments towards the upkeep of the children.

The parent with the majority of childcare can apply for a larger amount of child maintenance than that calculated by the Child Support Agency or the Child Maintenance Service if the other parent has substantial assets or wealth. A larger amount of child maintenance can also be agreed during the divorce or civil partnership dissolution proceedings.

Sometimes, circumstances can change. The main carer who is receiving the child maintenance may need a larger amount of money or the non-resident parent may no longer be able to pay the amount originally decided. If this is the case then it is possible to vary the child maintenance.

Austin Kemp’s experienced team of solicitors are able to negotiate a variation of your child maintenance order with the other party’s solicitors on your behalf, whether you are the main carer or the non-resident parent. We are experienced in negotiating with the other party’s solicitors in order to avoid lengthy court battles but if an agreement cannot be reached we have the necessary experience and expertise to take your case to court. We particularly specialise in advising high net worth individuals, or ex-partners of high net worth individuals, who have assets and investments on an international scale.

It is important you get expert legal advice from solicitors such as Austin Kemp as soon as a situation arises where you need to increase the amount of maintenance you receive from the non-resident parent. We also have a vast amount of experience in defending a claim to increase child maintenance where you believe that the amount of child maintenance paid should not be increased any further. If the main carer is bringing an unjust claim of child maintenance against you we are able to provide you with independent, expert legal advice to make sure your case has the best chance of standing up in court.

It is important to note that some child financial orders cannot be varied. These include lump sum orders which aren’t paid in instalments and transfer of property orders. Child financial provision orders that can be varied include orders that are larger than the normal Child Support Agency (or Child Maintenance Service) calculations, school fees orders and lump sum payments that are payable in instalments.

A variation of a child financial order can be a relatively quick process if the initial negotiations are successful. Alternatively, it can take much longer if we need to take it to court.

Austin Kemp can help whether you need us to argue your case in court or whether you just want advice as to the likelihood of your case standing up in court. We are able to act quickly and effectively to make sure you get a fair and just outcome.

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