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Child support/liability orders and disability

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  • #16
    Re: Child support/liability orders and disability

    Looking at this, you really need to see a lawyer. Citizens advice has a list of lawyers that give a 30 minute consultation for free.

    Having had a brief look at the law, it seems that there is a route whereby you can apply for a variation of a maintenance award, under the Child Support, Pensions and Social Security Act 2000 and The Child Support (Variations) Regulations 2000 (No. 156) . This might enable you to get it sorted once and for all. I don't think the secretary of state is obliged to vary the maintenance award, since you didn't apply in time. However, it seems there is a discretionary power.

    There does not appear to be any limitation period as far as applying for a liability order is concerned, and since you can't get rid of it through bankruptcy there is very little you can do. On the upside, there is very little effect as far as a liability order is concerned if you have no assets (the baliffs can't levy distress on your wife's property) and a judge is not going to issue a commital order if you genuinly can't pay.

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