consent order

Caz3121

My OH pays maintenance to his ex through a consent order of £475 per month for 2 children, this was calculated based on CSA calculator at the time and on top of this he pays an average of £100 per month for travel for the children

In January he had a large paycut that would have reduced it by almost £100 but carried on paying the same. He is now being made redundant within the next week

As ex assumed payments from CM and benefits would be stopping for the oldest child (17) this year she is throwing him out as she says she can't afford to keep him so he is moving to Scotland to live with us, it actually turns out that he can't get into an advanced college course so CB etc will still be payable

She knows about the redundancy and the last converstation they had was him asking how she was going to get all their son's stuff up to us - she was going to think about it and call back however that was a month ago (seems fair she pays since she is the one that is throwing him out on the street - both the children have been vocal about this and feel their mum treats their dad very badly)

He left a message for her today to say that his final pay will be a week later than normal (there is no payment date on the consent order) to receive a text back to say this was not good enough and what was he planning on doing from next month as him not having a job is not her problem, she needs the money for her rent and the court order says £475 per month so that is what she expects

I assume that if the CSA (when son is here) were involved then he would be assessed as £5 and she would be assessed to pay maintenance for the son....does he go back to court with a change of circumstances now or wait till son is here? he does have some PILON so was planning on continue paying as per the consent order during this period - which is calculated as an amount per child

We know we will have a battle to get the CB transferred as she is completely obsessed with money and constantly plays the 'oh poor me' (not that it is relevant but it was her that ran off with another bloke many years ago and has lived with 3 other blokes since - whilst still being a 'single parent')

how best to deal with a completely unreasonable person?...she won't speak to him on the phone so he has left another message saying he will be calling again on Monday morning as they need to get all this sorted out
I believe she really expects that with £65 per week JSA and one child living here, she will still receive £475 per month

argh

Honest_broker07

I think you will need to get the court order set aside.

Now as CSA is payable for a child upto 19, what I would do is apply to the CSA for support for her from the son who is living with you.
You will probably also need to apply to have the CB transferred into your name.

But once the CSA get involved they can cancel any existing court order for maintenance, so that may save you going back to court.

any sensible judge will not expect you to pay more than £5 a week if you are on JSA

http://www.divorce-online.co.uk/services/Legalcentre/adjustment.asp

billius_2

You shouldn't have a problem getting CB changed... When my ex threw out our son, he went to live with my mother, and all she did was phone up benefit office, and had it all changed! No questions asked... Don't forget, you might be able to claim CTC for him aswell. I personnally would go to CSA for both. You can call the CSA even if you are the non resident parent, so sort out payments for youngest!
I have an ex which sounds exactly like yours, in benefits and csa payments she is raking in as much as I'm earning, but she hasn't got too pay rent or council tax, and all she has to pay is £5 a week for the child she chucked out, where as I have too pay £250 a month!! (plus rent and council tax), unfortunately, like yourselves, I have found out the hard way how evil and nasty some people can be in this world!! Happy too take it, not so pleasant when giving...
Hope you get everything sorted, and good luck with the future!!!

Caz3121

billius wrote: »

You shouldn't have a problem getting CB changed... When my ex threw out our son, he went to live with my mother, and all she did was phone up benefit office, and had it all changed! No questions asked... Don't forget, you might be able to claim CTC for him aswell. I personnally would go to CSA for both. You can call the CSA even if you are the non resident parent, so sort out payments for youngest!
I have an ex which sounds exactly like yours, in benefits and csa payments she is raking in as much as I'm earning, but she hasn't got too pay rent or council tax, and all she has to pay is £5 a week for the child she chucked out, where as I have too pay £250 a month!! (plus rent and council tax), unfortunately, like yourselves, I have found out the hard way how evil and nasty some people can be in this world!! Happy too take it, not so pleasant when giving...
Hope you get everything sorted, and good luck with the future!!!

thanks - it is very sad for the children and I know there are many many decent pwc out there who put their children as their number 1 priority. She actually works (since kids are too old for IS which she could did not receive as her income from CM was too high (he was paying £800+ for years and built up a lot of debt in the process), and she discovered the wonders of WTC....and limits working to 16 hours at minimum wage

so she will have to pay something and rightly so, we have listened to years of rants about how expensive children are to keep and how his money goes nowhere so lets see what she thinks is the right amount to pay.

He hopes not to be out of work too long and rather than take money from her when he is only due to pay £5 would agree, one child each so quits somehow I see this going 1 of 2 ways: CSA or her realising that CM and benefits are still payable so deciding she isn't throwing him out after all. Sadly DSS wanted to move here last year and go to college and she even sent a text to say "I have done my sums on how much money I will lose..." and stopped him moving

Goodness knows what will happen when the 15 year old leaves education and the gravy train stops, DSD has already spoken about moving up when mum throws her out too.

It is going to be sad as when it comes to contact as my hubbie has been responsible 100% for the cost for the last 8 years - when she lived abroad he had to fly out to pick them up and fly them back and the same for the return, they are now back in UK and can now fly unaccompanied and we have to arrange the flights and pay mum petrol and parking to take them and pick them up from the airport, we asked her to put them on a local train one time and she refused until he paid her the £4.50 tickets....we will not be sending DSS down to visit mum but we will drop him at the airport for free