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This is a tricky situation, here's the breakdown of how Child Maintenance Service (CMS) calculations interact with Financial Remedy Orders Generally, No - But There Are Exceptions 12-month Rule: A Financial Remedy Order typically includes a clause about child maintenance. However, after 12 months, either parent can approach the CMS to calculate child maintenance. If this happens, the CMS calculation overrides the amount in the order. Why this exists: It's a safeguard to ensure children's needs are met even if circumstances change significantly. When the CMS Can't Intervene "Top-Up" Orders: If the court order specifies a child maintenance amount higher than the CMS would calculate, the CMS cannot get involved. This is often done when complex financial situations exist. Specific Circumstances: There are rare cases where the court might make a child maintenance order that's specifically designed to be outside the CMS's jurisdiction. This is unusual and requires strong justification. What if the CMS is Asked to Calculate? Potential for Increase: If the paying parent's income has increased significantly since the Financial Remedy Order, the CMS might calculate a higher amount. Not Always Higher: It's also possible the CMS calculation could be lower than the agreed amount, depending on circumstances. Important Considerations Variation of Orders: If circumstances change significantly, it's possible to apply to the court to vary the original Financial Remedy Order. This is separate from the CMS process. Legal Advice is Crucial: If you're facing a situation where the CMS might be asked to calculate, or if you want to vary an existing order, get legal advice from a family law specialist. If your ex is trying to use the CMS to increase the child maintenance payments you should Check your Financial Remedy Order: Does it have a standard child maintenance clause, or is it a "top-up" order? Seek Legal Advice: A solicitor can advise you on whether the CMS can intervene and what your options are, including potentially varying the order. It's important to act quickly and understand your rights and obligations. Sources and related content https://www.kingstreetsolicitors.co.uk/understanding-financial-remedy-orders/ https://www.thedivorcesurgery.co.uk/child-maintenance-calculations-and-the-cms/#:~:text=Any such Order would only,CMS for an updated assessment. https://www.thefamilylawco.co.uk/blog/children/what-you-need-to-know-about-child-maintenance/#:~:text=Whatever sum the CMS stipulates,Q.

A Child Arrangements Order is a legal document issued by a court in England and Wales that sets out the arrangements for a child whose parents are separating or divorcing. It replaces the older orders of residence and contact. What does it cover? With whom a child lives: This determines where the child's primary residence will be. It might be with one parent, or it could involve shared care where the child spends significant time with both parents. When a child spends time with each parent: This outlines the time the child spends with each parent, including overnight stays, holidays, and special occasions. Other types of contact: This can include phone calls, video calls, letters, and emails. Who can apply for a Child Arrangements Order? Parents with parental responsibility Other people with parental responsibility (e.g., guardians) Step-parents in certain circumstances Other relatives or individuals with a close connection to the child (but they may need the court's permission first) Why is it necessary? When parents can't agree on living and contact arrangements for their children. To provide a clear and legally binding framework for child arrangements, ensuring stability and consistency for the child. To ensure the child's welfare is the paramount consideration. How is it obtained? Mediation: Parents are encouraged to attend mediation to try and reach an agreement before going to court. Court application: If mediation is unsuccessful or inappropriate, an application can be made to the court. Court process: The court will consider the child's best interests, taking into account factors like their age, wishes, and any potential risks. Key principles: Child's welfare is paramount: The court's primary concern is the child's best interests. No presumption of equal time: There's no automatic assumption that children should spend equal time with each parent. Parental involvement: The court encourages both parents to be involved in their child's life, unless it's harmful to the child. Important: It's crucial to seek legal advice from a family law specialist to understand your rights and options regarding Child Arrangements Orders. Sources & Related Content https://www.gov.uk/looking-after-children-divorce/types-of-court-order#:~:text=A 'child arrangements order' decides,where your child lives https://www.elitelawsolicitors.co.uk/child-arrangement-order-guide/#:~:text=A Child Arrangement Order is most commonly issued to the,those parents separate or divorce. https://childlawadvice.org.uk/information-pages/explaining-the-legality-of-a-child-arrangements-order/#:~:text=A Child Arrangements Order is,child is to live%2C spend https://www.gov.uk/government/publications/dealing-with-issues-relating-to-parental-responsibility/understanding-and-dealing-with-issues-relating-to-parental-responsibility https://www.russell-cooke.co.uk/news-and-insights/news/what-are-the-legal-options-for-step-parents-who-want-to-formalise-their-relationship-with-their-step-children#:~:text=Another option for step-parents,to formalise the child's living https://mensadviceline.org.uk/legal-information/child-arrangement-orders/#:~:text=What are the benefits of,Court is the child's welfare. https://www.hepburndelaney.co.uk/what-is-a-child-arrangements-order/#:~:text=What is a child arrangement,the care of a child. https://helpwithchildarrangements.service.justice.gov.uk/going-to-court#:~:text=Step 2 Choose to hire a lawyer or represent yourself&A lawyer can be expensive,and represent you in court.

This article describes whether a parent can move their child away from the other parent https://vardags.com/faq/divorce/can-my-ex-partner-move-away-with-our-children

Hello. My (soon to be ex) husband and I have 3 children aged 8,5 and 2. We live in the uk but both have families in different countries. He has never been a hands on parent, in fact all the care for them has always been purely my job, I have fed them every meal, changed all their nappies, woke up to them every night, taken them to all appointments and all their activities.. all throughout the marriage he was never really interested in spending any time with them besides giving them a quick cuddle every now and then or when they're older, watching Tv with them. At most he'd take them to the park for an hour if I asked him to. I have been taking the kids to see my family (a 2 hour flight away) regularly and he never had any objections, never really missed them when they were away. He often takes trips as well, doesn't even call the kids when he's away. Now that we're separating, he suddenly wants 50% custody and to be able to take them to see his family (a 24 hour flight away) for a month at a time. I am not comfortable to be so far away from my kids for that long, especially with someone who's never taken care of them for more than a few hours at a time and his mother who is a toxic narcissistic person and a terrible influence on the children. It breaks my heart to even think about them being taken away for that long, or thinking that if anything were to happen, I can't be with them. But he just tell me that I'm not that important to them. My middle child is currently on the waiting list for an autism diagnosis as well, but his side of the family just says that I'm making it up and refuse to take it seriously. Is there anything I can do, or do I just have to accept the situation? thank you for reading my post.

Another great guide ... "It is not possible–and never will be possible–to dissolve your co-parenting relationship. She will always be your son’s mother. He will always be your daughter’s dad." https://centerforparentingeducation.org/library-of-articles/focus-parents/7-inescapable-post-divorce-truths/

So, my partner (34M) and I (34F) have been together for almost 7 months now and I’m currently 7 weeks pregnant with his baby. My Partner is going through a divorce and his ex has been dragging it for more than a year now. They have been married for about 5 years but they never had any children as exwife is infertile. Exwife was the one who cheated on him repeatedly but he was the one who filed for divorce. She is russian and was on spousal visa for more than 5 years, but she did not apply for an ILR on time and will eventually be deported. She also created a fake loan amounting to the exact value of their house so she can get the full amount of the house for herself. Her dad is a Russian politician that can do dodgy things like a fake loan. Will my pregnancy affect my partner’s financial settlement in his favour or should there be a physical baby immediately before that get’s considered? I was thinking of suggesting this to him to tell his lawyer if there will be a favourable impact for him. His ex is crazy btw, like split personality disorder crazy.

I just found this helpful guide https://www.advicenow.org.uk/guides/how-apply-court-order-about-arrangements-your-children-without-help-lawyer

A list of useful websites & blogs about divorce ... Case Studies Children Case Studies (Holland Family Law) Family Law Case Studies (Bannister Preston) Family Law Case Studies (CWJ) Typical divorces (Law Donut) Court What to expect at a financial dispute resolution (FDR) hearing (Miles & Partners) Divorce Case Studies Family Law Case Studies (CWJ) FAQs FAQ (Vardags) General Ways to end your marriage or civil partnership (Citizens Advice) Mistakes to avoid in divorce Finances Calculators Wikivorce Divorce Calculator Clean Break When can I get a clean break and what happens if i dont get one? (Mediate UK) Consent Orders The ultimate guide to a financial consent order (Mediate UK) Lifestyle & Standard of Living Can you maintain the same lifestyle after divorce? (Vardags) Will I be able to maintain my standard of living post-divorce? (Vardags) Financial Settlement Financial order timetable (Curzon Green) The steps to a financial settlement on divorce (Harrogate Family Law) Dividing up money and belongings when you separate (Citizens Advice) Divorce Settlement Guide: What am I entitled to? Maintenance Child Maintenance Do I have to pay mortgage and child maintenance payments? (Gulbenkian Andonian) Spousal Maintenance Ultimate guide to Spousal Maintenance (Mediate UK) Pensions Pension Sharing Order: Your Complete Guide (PinningtonLaw) Property Can I divorce my spouse if we live in the same house? (Vardags) Can you be forced to sell your home as a result of separation or divorce? (Lindsays) What does divorce mean for your mortgage? (Money) What happens if I leave the family home during divorce negotiations? (Vardags) Mediation 5 reasons why your family mediation may not be working and how to fix it (Mediate UK) Ultimate guide to family mediation (Mediate UK) New Partners & Relationships Can I date whilst going through a divorce? (Vardags) Parenting & Children Can my spouse restrict access to my children? (Vardags) What can I do if my child is refusing to see the other parent? (Mediate UK) The ultimate guide to child arrangements (Mediate UK) 7 inescapable post divorce truths Recommended Websites Bannister Preston DAD.info Harrogate Family Law Holland Family Law Mediate UK PinningtonLaw Vardags Wikivorce