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Child maintenance after clean break

Posted by divorced 
Child maintenance after clean break
March 21, 2025 09:11AM
Good morning.
The clean break consent order is over a year old and contains a clause stating that no child maintenance to be paid. The non-resident parent has since left the country.
Would it be possible to apply to the court for child maintenance and enforce it through Remo process?
Re: Child maintenance after clean break
March 22, 2025 12:41PM
Bearing in mind that it was a court order which specified that no child maintenance was to be paid it is not obvious that a court would order child maintenance one year later. Of course, it might but there were no doubt reasons for the original order which you apparently agreed to. Dpending on the other terms of the order it may also be possible for the non-resident parent to counter claim that other terms of the order should be varied if there is now to be child maintenance. On the other hand you may succeed. It is impossible to know without knowing what the terms of the original order were, the reasons for them and what, if anything, has changed since. You would need to discuss the details with a lawyer before deciding whether your case has legs and/or is feasible in terms of costs and possible benefits.
Re: Child maintenance after clean break
March 23, 2025 12:51AM
Thank you, David. I know the country the ex has moved to, but I don't have any other details, such as the address, phone number, or income. Is it possible to make a court application under these circumstances?
Re: Child maintenance after clean break
March 23, 2025 06:52PM
If you have no contact details and no details of income it is hard to see how a court can assess what child maintenance would be payable, if any, and that is before you even get to problems about enforcement as a result of the lack of contact details. Also, of course, a person against whom an application is made should receive notice of the application so he can respond to it. You have a number of obstacles to overcome I think.
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