My husband is a UK citizen, but a US resident. He moved to the US after his divorce. His child maintenance was ­base­d on the income he had in the UK. He now earns money in dollars (and significantly less than he was making in the UK) but has to pay in pounds. We pay for all contact with his kids (phone calls, visits, etc), and his ex-wife won't allow them to visit the US for holidays because she would miss them too much. Is there any provision for changing the order to reflect his current situation?

Hi lisaknitter,

CSA maintenance is set at a percentage of income, if income decreases so does the maintenance.

If however the 'child maintenance' you mention includes an element of spousal maintenance then it may be that your husband could apply to the UK courts for a variation of the order due to a significant change in circumstance - and that would be his decrease in income.

The fact that he moved to the US and married you would not be a reason for variation because it was his choice. Although a move to the US could be his choice as well, he could argue that it was necessary due to changes at work, redundancy, harassment or any out of a hundred and one reasons.

His wife's reason for refusal to allow the children to visit is not a legal one. If it were, your husband could refuse to send child maintenance to her on the basis that he would miss the money too much.

However, what is legal and what happens are two separate things. His move and marriage won't change CSA payments.

YA

When one parent lives abroad the CSA would not normally be involved so if there is a substantial change in circumstances your husband would need to apply to court for a variation to the order using Form A. Contact is treated separately from finances but he could also apply for a contact order Form C1. The forms are available to download at the hmcourts website, although as he's not in the UK he may want to use a solicitor.

Hi again,

Lisaknitter, having gone part way down the C1 route I would advise that your husband think the matter through very carefully. It is potentially hideously expensive and practically unenforceable if the parent with care decides to ignore the law.

Fiona if the CSA are already involved do you know for definite if the US courts would uphold the UK law? I would assume that there is such an agreement.

Thanks!

YA

Under the arrangements for the reciprocal enforcement of maintenance orders there must be a court order in place to enforce.

Hi Fiona,

Thanks, that is interesting.

When you say 'court order' do you mean just those matters which the UK court has the power to order or does it also include undertakings which are included in the paper order but the court does not have the power to order itself?

YA

I'm not quite sure what you mean. The CSA has jurisdiction unless there is a court order predating March 2003, there are step children, over 18s in education or training or one parent lives abroad. In the case of the exceptions the courts have the authority to make a maintenance order for the benefit of children.