Can a Consent Order be changed ?

ERICS_MUM

My apols if this has been asked and answered elsewhere on this forum (I've trawled 17 out of 178 pages). I also posted on another MSE forum but was advised to ask on here.

A private consent order was drawn up (& "ratified" in court), with child maintenance being paid direct, i.e. nothing to do with the CSA (although the payments were in line with the CSA formula).

Now, one of the parties to the consent order wants to change one of the terms in it, which "defines" when cm will stop (which is different from the rules that the CSA has in place).

If this matter is now referred to the CSA, could they / would they overturn the term and extend the length of time the cm is to be paid ?



Stella

Caz3121

how old is the consent order?

ERICS_MUM

Caz3121 wrote: »

how old is the consent order?

3 years give or take a couple of months

kelloggs36

Yes then, apply to the CSA and it will override the court order.

Blob

You have to remember that the CSA are above the Courts on some things!!! The problem comes when they forget that they are still bound by the Courts on others. The 22 is not far away now, and I have asked that a Judge explain this to them yet again, with the issuing of Serifs Warrants for the Case Officer and the CEO in person! Bet that will upset his weekend!

ERICS_MUM

Blob wrote: »

You have to remember that the CSA are above the Courts on some things!!! The problem comes when they forget that they are still bound by the Courts on others. The 22 is not far away now, and I have asked that a Judge explain this to them yet again, with the issuing of Serifs Warrants for the Case Officer and the CEO in person! Bet that will upset his weekend!

Sorry, I'm not sure I understand this!

Do you mean that the CSA could overturn a consent order ? For all matters contained in it, or for child support ?

Could you explain the highlighted para please, I don't understand the legal references.

Thanks :beer:

Blob

I am in Court with the CSA on 22nd of this month. A judge has had to explain that he has power and is not there to do as the CSA tell him he has to. That is one of the things that will happen on the 22nd. The last time it happened the Judge got a little short with the CSA shall we say. One of the things that the Court will have to look at is has there been a criminal act committed by the CSA in as far as they have, or claim to have given the Sec of State in person false information, and this has been done knowingly. As of 1st Feb 2001 this act became a criminal offense. There is no opt out for the CSA and the people that work there, it is now in the hands of the Court.

Basically, a Court Order that deals with Child Maintenance can be over ruled by the CSA.

Hope this helps.