Mi Pay Child Maitenence And My Ex Wife Has Appealed Many Occasions That I Am Not Paying Enough Each

Mi pay child maitenence and my ex wife has appealed on many occasions that I am not paying enough. Each time I have been ordered to pay less as I have been paying too much. On top of this I pay for private schooling for my 4 children as well as child care vouchers. Now I have been ordered to pay more due to a discrepancy in 2015. I am self employed and have currently not been working for the last month as I have been diagnosed with depression and am taking anti depressants. I cannot pay my mortgage let alone child maitenence but I have been ordered to as I am self employed. My first question is can they do this? How do I pay if I can’t? My second question will my mental health if I tell my ex wife effect my contact order or any potential residency going forward? Thank you

Mi pay child maitenence and my ex wife has appealed on many occasions that I am not paying enough. Each time I have been ordered to pay less as I have been paying too much. On top of this I pay for private schooling for my 4 children as well as child care vouchers. Now I have been ordered to pay more due to a discrepancy in 2015. I am self employed and have currently not been working for the last month as I have been diagnosed with depression and am taking anti depressants. I cannot pay my mortgage let alone child maitenence but I have been ordered to as I am self employed. My first question is can they do this? How do I pay if I can’t? My second question will my mental health if I tell my ex wife effect my contact order or any potential residency going forward? Thank you

Public Answer

Dear Sir,

Many thanks for your question.

I noted that you had two queries the first your ability to have your current child maintenance order varied and the impact of your medical health on your ability to continue to have contact with your children. The answers will depend on the specific facts of your case for which I would require a consultation with you to answer. However, in general where you can evidence that you do not have the financial means to comply with a financial order it will be varied. In your case a recent change of circumstance which is not reflected in you tax returns and other evidence of income yet. As such you would need to make an appropriate application with the necessary evidence as I understand from your question you have done previously. Your medical condition should not impact on your ability to have contact with your children unless it raises direct concerns as to the children’s welfare. As such in order to pre-empt such problems it would be good to obtain the necessary medical evidence (such as letter from your GP or specialist advising the impact of your medical condition on you and where possible advising that it will not impact your ability to have contact with the children or where it will explaining the extent so that it can be manged appropriate). As I stated above much of this will depend on the specific facts of your case, so I would recommend that you book in for an initial consultation in order to benefit from detailed legal advice on your matter.

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