Can CMS over rule a clean break order?

Char285

Hello all. New here.

Can I please get a little advice. During the divorce I applied for a Financial Remedy Order 'Clean Break'.

During the proceedings we put all our financial commitments on the table and agreed to be responsible for our own liabilities and the clean break was awarded.

He has since gone through CMS to request a variation for a loan he took out during the marriage (this was listed in the hearing). Initially I argued it was declined. He resubmitted it and I argued again but they've awarded him a reduction this time. (It's a huge percentage of the CMS payment they've deducted). 

I called the CMS to ask who has the authority to overrule a financial order and they logged the dispute. Iv since been on the account and can see they've rejected the dispute but there's no letter attached to tell me why?

Had anyone been through similar? I'm confident this is contempt of the court order but before I start spending money to ask the court to enforce the order wanted to see if any one had been through similar and could advise.

Thanks for reading if you got this far.

Char285

Hello all. New here.

Can I please get a little advice. During the divorce I applied for a Financial Remedy Order 'Clean Break'.

During the proceedings we put all our financial commitments on the table and agreed to be responsible for our own liabilities and the clean break was awarded.

He has since gone through CMS to request a variation for a loan he took out during the marriage (this was listed in the hearing). Initially I argued it was declined. He resubmitted it and I argued again but they've awarded him a reduction this time. (It's a huge percentage of the CMS payment they've deducted). 

I called the CMS to ask who has the authority to overrule a financial order and they logged the dispute. Iv since been on the account and can see they've rejected the dispute but there's no letter attached to tell me why?

Had anyone been through similar? I'm confident this is contempt of the court order but before I start spending money to ask the court to enforce the order wanted to see if any one had been through similar and could advise.

Thanks for reading if you got this far.

mybestattempt

Char285 said:

Hello all. New here.

Can I please get a little advice. During the divorce I applied for a Financial Remedy Order 'Clean Break'.

During the proceedings we put all our financial commitments on the table and agreed to be responsible for our own liabilities and the clean break was awarded.

He has since gone through CMS to request a variation for a loan he took out during the marriage (this was listed in the hearing). Initially I argued it was declined. He resubmitted it and I argued again but they've awarded him a reduction this time. (It's a huge percentage of the CMS payment they've deducted). 

I called the CMS to ask who has the authority to overrule a financial order and they logged the dispute. Iv since been on the account and can see they've rejected the dispute but there's no letter attached to tell me why?

Had anyone been through similar? I'm confident this is contempt of the court order but before I start spending money to ask the court to enforce the order wanted to see if any one had been through similar and could advise.

Thanks for reading if you got this far.

I've no experience of this, however, I cannot see how the court order has been breached or overruled.

If the agreement was that he retained his own liabilities and thus legal responsibility for repaying a loan in his sole name then nothing has changed.

My understanding is that child maintenance via CMS is an entirely separate matter and although the amount payable is normally based on the payer's income alone, in some circumstances CMS will take into account the payer's outgoings and reduce the amount payable.

Others may know more and/or take a different view.

Emmia

Please keep your questions to a single thread.

https://forums.moneysavingexpert.com/discussion/6601191/is-he-in-contempt-of-the-clean-break-order#latest

Hoenir

@mybestattempt I'm with you. Two seperate issues. There's nothing to enforce as one party hasn't defaulted on anything. Nor can they be expected to default on liabilities they agreed to repay. 

esthetixdc

Char285 said:

Hello all. New here.

Can I please get a little advice. During the divorce I applied for a Financial Remedy Order 'Clean Break'.

During the proceedings we put all our financial commitments on the table and agreed to be responsible for our own liabilities and the clean break was awarded.

He has since gone through CMS to request a variation for a loan he took out during the marriage (this was listed in the hearing). Initially I argued it was declined. He resubmitted it and I argued again but they've awarded him a reduction this time. (It's a huge percentage of the CMS payment they've deducted). 

I called the CMS to ask who has the authority to overrule a financial order and they logged the dispute. Iv since been on the account and can see they've rejected the dispute but there's no letter attached to tell me why?

Had anyone been through similar? I'm confident this is contempt of the court order but before I start spending money to ask the court to enforce the order wanted to see if any one had been through similar and could advise.

Thanks for reading if you got this far.

Hi and welcome 🙂

That does sound really frustrating. While I haven’t had the exact same issue, I do know CMS can sometimes override parts of a court order if they think a variation is justified — even if that debt was meant to be his.

You’re right to ask for the reasoning behind the rejection — they should provide that. If the court order clearly puts that loan on him, it might be worth getting quick legal advice before taking it further.

Hope you get it sorted soon — you're definitely not alone in this.