Can my Son apply for a Consent Order Form?

Wilo1

Hi

My eldest of two sons, who is now 20, has asked me for financial support to help him through university. As I was paying 20% of my net income towards maintenance (reducing to 15% when he was no longer eligible), I have agreed to pay him the remaining 5% monthly, over 3 years.

This agreement has been in place since October of last year, and he is now wanting me to complete a Consent order form D81, (sent by his solicitors).

Do I have to respond to this request, and can he legally make me comply?

PeacefulWaters

I thought the whole point of a consent order was that both parties consent to it.

Why is he wasting money on solicitors?

undaunted

Does a consent order imply that he is seeking a court order obliging you to pay an agreed sum for a specified period whilst, as things stand, you are currently choosing to do so and could later choose not to do so should circumstances change in some way.


You are not compelled to sign a consent order & personally, on principle alone I think I'd refuse to do so. If he can afford to use it for solicitors fees does he really need so much of your money?

jackieblack

I'm confused.
D81 is the basic financial information form that accompanies a Consent Order, which is an agreement that a divorcing couple have agreed to regarding how finances are split.

What has that got to do with your son?

PeacefulWaters

jackieblack wrote: »

I'm confused.
D81 is the basic financial information form that accompanies a Consent Order, which is an agreement that a divorcing couple have agreed to regarding how finances are split.

What has that got to do with your son?

Consent orders can be used outside of divorce.

But an adult child of mine trying to use one to top up his student finance would be told in no uncertain terms what I think.

There maybe more to this story, but on the face of it the word outrageous leaps to mind.

jackieblack

PeacefulWaters wrote: »

Consent orders can be used outside of divorce.

Thanks, I didn't know that! I learn something new every day on the MSE forums!

PeacefulWaters

jackieblack wrote: »

Thanks, I didn't know that! I learn something new every day on the MSE forums!

I wouldn't claim expertise on the subject. Just something I read while working out the best way to divorce the ex!

mark5

I wouldn't sign it personally.

NBLondon

Do you need to look carefully at the wording of the divorce/maintenance agreement? Does that legally oblige you to pay maintenance after he is 18? Or is it while he is in education? Is

I have agreed to pay him the remaining 5% monthly, over 3 years.

part of that agreement or you just being decent to your son?



If it's mandated in the divorce/maintenance order or whatever - he shouldn't need more forms. If it's a voluntary thing; why does he feel you won't keep to it? If you ask him that question and get a sensible answer - then maybe you can stick to a voluntary agreement without lawyers making a commission on it. If you don't - then I'd agree with undaunted - don't sign on principle but maybe you and your son need to work out what has gone wrong; does he realise that he is now an adult and can't assume that Bank of Dad is infinite.

JReacher1

Refuse. You're voluntarily giving him 5% of your earnings. You don't need to sign anything.

TBagpuss

Ask him why he fels it is necessary.
there are some situations where it is helpful to have a court order or other formal documents even where eveythng in amicable (for instance, having a voluntary agreement for child support in a divorce consent order may be necessary in order for the receipient to have that income taken into account when making a mortgage application)

However, I can't immediately think of why our son would need this, as a student, and equally if you are paying him voluntarily, there should not be any need for an order.

If the original porderprovided for you to make payments to you (ex) wife then an order might be needed to vary that order to provide for some of the money to go to her and some to your son directly, which would need you and her to agree.