Consent order breach??

anna_1977

FBaby wrote: »

So what you need to ask him is why he is happy to pay dd1 the full amount but not dd2 whilst reminding him that he still has a legal duty towards her until she goes to Uni.

I have emailed him and his reply was 'don't contact me ever again' this is why I've had to go to CSA which I really really didn't want to do.

Guest101

anna_m wrote: »

I have emailed him and his reply was 'don't contact me ever again' this is why I've had to go to CSA which I really really didn't want to do.

Have you or he started a relationship in the last few months? It seems odd to react like this.

anna_1977

I haven't, he had an affair which ended the marriage, he now lives with her and they have an 18 mth old son.

Guest101

anna_m wrote: »

I haven't, he had an affair which ended the marriage, he now lives with her and they have an 18 mth old son.

Perhaps pressures of new family?


That does lower the contribution he would pay. Sorry should've mentioned this.


At £40k PA, with only a small pension contribution it would work out at £325 per month.


If he's paying anything significant into the pension, it could be £240, or less.

anna_1977

Guest101 wrote: »

Perhaps pressures of new family?


That does lower the contribution he would pay. Sorry should've mentioned this.


At £40k PA, with only a small pension contribution it would work out at £325 per month.


If he's paying anything significant into the pension, it could be £240, or less.

I am aware that would lower the payments and I did add that into the CSA calculator and it showed £95 per week - obviously dependent on the pension contributions (if any)

I suppose i have to have the view that as of this week I am not receiving a penny so anything is better than nothing. It's then up to him and his conscious on whether he continues to pay for the eldest, and youngest when she goes to Uni, that is an arrangement between them though

Thank you for your advice/help

Floxxie

I hope you get this sorted OP. It reminds me of my situation.

My ex argued that he was not going to have a child maintenance clause included in the consent order - my solicitor told me that such a clause is only effective for a year and then either party can use the CMS to override the C.O., so I had it removed.

Child maintenance can be used by the parent for really anything - it is not down to the other party to decide what it is spent on. If my ex decided to pay direct amounts to the children, then I too would apply to the CMS. As it is , I have no idea how much he earns as our private agreement was based on a salary 5 years ago. However, I know he would pay as much as he could into his pension to avoid paying the correct level, if I did go down that route.

I also had a nominal spousal maintenance amount of £1: it is to protect the 'weaker' party. he argued about that so I had that removed as there was no way I would ever get any financial support out of him.

Guest101

anna_m wrote: »

I am aware that would lower the payments and I did add that into the CSA calculator and it showed £95 per week - obviously dependent on the pension contributions (if any)

I suppose i have to have the view that as of this week I am not receiving a penny so anything is better than nothing. It's then up to him and his conscious on whether he continues to pay for the eldest, and youngest when she goes to Uni, that is an arrangement between them though

Thank you for your advice/help

No probs, hope it gets sorted.


Suppose it's better in some respect now she's an adult and more capable of understanding the situation and supporting herself than as young children.

Guest101

Floxxie wrote: »

I hope you get this sorted OP. It reminds me of my situation.

My ex argued that he was not going to have a child maintenance clause included in the consent order - my solicitor told me that such a clause is only effective for a year and then either party can use the CMS to override the C.O., so I had it removed.

Child maintenance can be used by the parent for really anything - it is not down to the other party to decide what it is spent on. If my ex decided to pay direct amounts to the children, then I too would apply to the CMS. As it is , I have no idea how much he earns as our private agreement was based on a salary 5 years ago. However, I know he would pay as much as he could into his pension to avoid paying the correct level, if I did go down that route.

I also had a nominal spousal maintenance amount of £1: it is to protect the 'weaker' party. he argued about that so I had that removed as there was no way I would ever get any financial support out of him.

Not really. If an NRP has concerns that the money they pay towards child maintenance isn't used for the child they would be quite right to contact the CMS and even go to court for custody.


The formula is simple:


Whatever the child maintenance needs to be 'matched' by the PWC in terms of actual costs. Often this is the case purely by circumstance.


But if the money is used to prop up the ex's lifestyle and not on the child, there would be serious questions about the quality of life the child has.

anna_1977

If only it were used to prop up a lifestyle
In my case it's used for her car, insurance, food bills and other utilities.. And mobile phone. She's just signed up to go on a £400 college trip so it would hane contributed towards that too

Floxxie

Guest101 wrote: »

Not really. If an NRP has concerns that the money they pay towards child maintenance isn't used for the child they would be quite right to contact the CMS and even go to court for custody.


The formula is simple:


Whatever the child maintenance needs to be 'matched' by the PWC in terms of actual costs. Often this is the case purely by circumstance.


But if the money is used to prop up the ex's lifestyle and not on the child, there would be serious questions about the quality of life the child has.

Of course, I agree but I think a NRP would struggle to prove that the money is not being spent on a child: costs involve a wide range of expenses. I would be interested in knowing exactly how many have managed to get 'sole custody' based on the expenditure of child maintenance!