'Top-up' Order/enforcing the preamble of a Consent Order

kathryn1_2

Hi,
I have a very complicated case where a 'Variation' has been applied to me by my Ex-husband. He is currently in breach of the 'preamble' of our Consent Order as it stated that neither of us were to go to the CSA.
In the Consent Order money was put aside out of the joint pot to accommodate for school fees, my solicitor said that we could go back to court and get a redirection made re. the fees and possibly get my contribution back ?
Has anyone tested enforcing the preamble/promises made at the start of a Consent Order? Is it worth seeking further clarification from a Barrister, or is this a non-starter?
ANY HELP, WOULD BE BRILLIANT!

koolmummy

Hi,
Is the variation being made to the court to vary the terms of the consent order? Or- to the C.S.A to vary their assessment?
If he has applied to vary the consent order, unless you can negotiate suitable terms then it seems that it will go through the court process, you both file form E's, attend a F.D.A, F.D.R, Trial.
To go through this process would be very costly and you could end up with I.R.O £10k in costs. I would be guided by the advice of your solicitor whilst being mindful of the fact that solicitor's love a good fight as it brings them more revenue.