Changing amount paid for maintenance

Raspberry_Swirl · 20 February 2017 at 5:35PM

My OH currently pays an agreed amount each month for his 2 children from a previous marriage. This amount was agreed upon with a consent order that went through the courts as part of the divorce. This amount is for more than if he puts his income into the CMS calculator. As well as this amount he pays towards birthday parties and various other bits and pieces and we also have to pay for clothes and shoes for when kids are with us as their mother packs nothing for them.

The question is - a consent order can be changed after 12 months but can this just be done privately or does it have to go back through the courts? If he just lowers the amount to that on the CMS calculator and continues to pay ever month is this ok (I know nothing is ever just 'ok' when it comes to exes, money and children!) or should he go through the CMS to make it official?

Thanks.

NotSuchASmugMarriedNow · 20 February 2017 at 10:49PM

You have to go through court to change a consent order. Otherwise, you haven't abided by the court order and are in contempt of court.

Sambella · 20 February 2017 at 11:39PM

I think you can go straight to CMS according to this -

"The "12 month rule" relates to the time period within which a child maintenance agreement within a consent order cannot be over-ruled by the CMS. For the first 12 months after the consent order is approved by the courts, both parents must abide by the terms therein. However, once 12 months have passed, either parent can contact the CMS and ask them to over-rule the child maintenance components within the consent order (everything else within the consent order (ie spousal maintenance) stays 'as is'). Once the CMS take over they have legal jurisdiction over child maintenance and the child maintenance provision within the consent order becomes totally negated. "

WYSPECIAL · 21 February 2017 at 8:56AM

Easiest, cheapest way is to apply to CMS.

Once their assessment starts it over rides and ends the consent order

Guest101 · 21 February 2017 at 1:09PM

NotSuchASmugMarriedNow wrote: »

You have to go through court to change a consent order. Otherwise, you haven't abided by the court order and are in contempt of court.

try again, this time with research

yes you can go directly to the CMS

Raspberry_Swirl · 21 February 2017 at 9:55PM

Thanks for the responses.

Do the CMS tend to stick to their calculator or would they take the higher amount previously paid into consideration & assume the NRP can just continue paying this?

Thanks.

WYSPECIAL · 22 February 2017 at 10:04AM

Raspberry_Swirl wrote: »

Do the CMS tend to stick to their calculator or would they take the higher amount previously paid into consideration & assume the NRP can just continue paying this?

Thanks.

CMS cannot negotiate. They carry out an assessment following a rigid formula. That is the assessed amount which is then payable.

Raspberry_Swirl · 22 February 2017 at 10:23AM

Thanks for the information!

Changing amount paid for maintenance

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free