Consent order/clean break, are there any gotchas?

LilElvis

manysaver wrote: »

£7 a week is the legal minimum for anyone earning between £7 and £100 per week.

whether or not I pay more than that in reality is not really what I'm addressing here, I was clarifying that I wasn't trying to avoid a legal obligation to pay child maintenance, since child maintenance is a percentage of income or a minimum of £7/week and it applies equally whether or not you are married

the point about cost of living was that the cost of living is lower and so even a small income in £ terms is enough to live on - no rent, no tax, a simple meal in a cafe costs 50p to £1 etc.

Great for you! How much do you think it costs to house, feed, clothe and entertain a child per week in the UK? Do you seriously think £7 is half of this cost? Of course not - because you expect your ex and the British taxpayer to pick up the slack whilst you can afford to dine out on the cheap. Shame on you.

TBagpuss

manysaver wrote: »

Basically I've moved overseas, just a small amount of cash to divide, most will go to STBXW, one child aged 12 to provide for. My income is low because of the cost of living where I live, and her income in the UK is also very low.

I want to draw up a consent order saying that that's the end of that, clean break, no maintenance, etc.

Is that something that would be accepted?

A court has to be satisfied that, based on both parties financial positions, that the order is fair . If there are very limited assets and most are going to the parent caring for the child, then yes, a court will probably approve it.

BUT if you are living outside the UK it would be appropriate to include child support in the order, even if you do it by reference to the CMS figures.

LilElvis

manysaver wrote: »

I think you are doing something wrong if you are spending more than £7/week on shoes.

As I understand it, it would be mutually beneficial NOT to give the stbxw all the cash because capital will affect her entitlement to benefits. It would instead be better for me to keep some of it and then pay her maintenance if and when she needs it, since such maintenance would not affect her benefits entitlement.

But I might be wrong if I am supposed to be leaving myself penniless and allowing the X to potentially p*** things up the wall and then have no way to help

I don't think there's anything wrong with my thinking just forgive me if I don't go into too much detail, but suffice to say the stbx doesn't know much about fiscal responsibility!

With a growing child I buy school shoes, trainers, winter boots, Wellington boots, slippers, sandals, flip flops and dance shoes - times two or three per year depending on foot growth. I want her to wear well made, properly fitting shoes - what decent parent wouldnt?

Nice to know that you expect the taxpayer to pay for your child's basic living costs, and how hypocritical to accuse your ex of being irresponsible with money when you show no responsibility for providing for your child yourself.

manysaver

LilElvis wrote: »

With a growing child I buy school shoes, trainers, winter boots, Wellington boots, slippers, sandals, flip flops and dance shoes - times two or three per year depending on foot growth. I want her to wear well made, properly fitting shoes - what decent parent wouldnt?

Two or three times a year? what are you feeding them?

flip flops are £1.50 in Primark btw.

Nice to know that you expect the taxpayer to pay for your child's basic living costs, and how hypocritical to accuse your ex of being irresponsible with money when you show no responsibility for providing for your child yourself.

I don't 'expect' the taxpayer to pay my child's basic living costs, that's simply how the law works in the UK. It's an entitlement, not an expectation.

Blackpool_Saver

manysaver wrote: »

Two or three times a year? what are you feeding them?

flip flops are £1.50 in Primark btw.



I don't 'expect' the taxpayer to pay my child's basic living costs, that's simply how the law works in the UK. It's an entitlement, not an expectation.

Yes, get your entitled !!! gone, better for your ex and child.

manysaver

TBagpuss wrote: »

BUT if you are living outside the UK it would be appropriate to include child support in the order, even if you do it by reference to the CMS figures.

Ah I suppose that makes sense - apparently child maintenance orders are not enforceable in my local courts, so it might make sense to put something in writing in the consent order. TBH my income is somewhat variable, as I'm self-employed, there's always a possibility I could earn more.

manysaver

Blackpool_Saver wrote: »

Yes, get your entitled !!! gone, better for your ex and child.

Done. :beer:

Hectors_House

manysaver wrote: »

Done. :beer:

I must admit this gave me a chuckle.

Where are you living OP that cost of living is so cheap?

It’s really none of my business but are you intending to maintain contact with your child? Visit them? Or they visit you?

There’s a lot to be said for relocating and it provides great opportunities to set yourself up (you say you are self employed) and advance your career so you can provide more for your child in the long run.

badmemory

If you are really lucky your ex might decide that for £30 a month she would rather not have the money & not have to think about you & whether it is going to turn up. Best thing that happened to me was my ex finding a way to stop paying child maintenance. Set me free. I do like the way so many men seem to think that the maintenance they pay is going to get p***** up the wall. Do you have even the remotest idea how much it costs to keep a child? £30 a month will at least keep them in breakfast cereal!

Scorpio33

The consent order is a legal document, so it should contain what you have legally agreed to.

So yes, mention division of assets (including pensions if applicable), also mention the child maintenance would be as per the CMS calculation.

Ignore spousal maintenance, as its rarely given.


Of course if you wish to pay more for the costs of bringing up your child, then that is your choice. The minimum requirements is put in place as that is what you would be assumed to contribute to the child if you were still together. I assume she will still have access the benefits etc which will help your child.

All I would say is that if you do want your child to have a decent life and upbringing, then it would help paying more child maintenance to your ex, as it is money for your child. Of course it is your choice though....