Changes in child maintenance - BUT have a consent order
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gla98avb
Posts: 15 Forumite
Hello,
I am after a bit of help. My ex is demanding more money from me for child maintenance.
We have a consent order that was sealed by the court 5 years ago. We agreed on the mainteance to be paid monhtly.
The amount was determined by the fact that other assets were divided up.
Eg - I gave up my rigths to her final salary pension, took a lowered percentage of the house etc...
However, my ex is now demanding more money.
Can she? Is the Consent order not in place to stop this?
If she can legally ask for more; then can the whole order be changed to reflect this??
Any advice welcome
Thank you
I am after a bit of help. My ex is demanding more money from me for child maintenance.
We have a consent order that was sealed by the court 5 years ago. We agreed on the mainteance to be paid monhtly.
The amount was determined by the fact that other assets were divided up.
Eg - I gave up my rigths to her final salary pension, took a lowered percentage of the house etc...
However, my ex is now demanding more money.
Can she? Is the Consent order not in place to stop this?
If she can legally ask for more; then can the whole order be changed to reflect this??
Any advice welcome
Thank you
0
Comments
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Either parent can make an application to the CMS after the consent order is 12 months old. The terms of the CO remain in place until either there is a live CMS case, or the parties mutually agree to vary the terms.
So, yes she can ask for more money, but you are not obliged to pay that demand, you are only obliged to continue paying the amount set out in the CO - or that amount determined by the CMS (if she opens a case with them).
What has changed for her to ask for more CM from you? It might be worth you running the figures through the CM calculator to see if she would be better off accepting the amount in the CO or opening a case with the CMS. https://www.cmoptions.org/en/calculator/ Your statutory obligation is a set percentage of your gross income.0 -
Thank you -
She wants more money as she doenst think it is fair the paid amount has been the same for 5 years. Even though it was what was agreed and was the reason i forfit her pension etc.
So know i am left wondering what is the point of a selaed consent order!!!!0 -
The consent order deals with the entire financial settlement, not just the child maintenance. Without one, either party could make a financial claim on the other, even years after the divorce.
Have either of you had any significant change in your financial circumstances?
You need to forget about her pension, and focus on the CM.0 -
I am earning a bit more now than before, but not significantly.
Sorry just confused that if something is in the consent order, one factor can be changed but not the others. As they are all interconnected. Or where based on the agreement made at the time.
We are seeking legal advice but wanted to get a head start.
thank you0 -
The basic [statutory] rates for child maintenance are:
One child, you’ll pay 12% of your gross weekly income
Two children, you’ll pay 16% of your gross weekly income
Three or more children, you’ll pay 19% of your gross weekly income
So, if the Consent Order amount is less than the basic rate, it's not without the realms of surprise that your ex is now requesting an additional amount. Children are expensive, especially teenagers.0 -
Thank you
Would not dispute if the money went to the kids!0 -
Child support comes under the jurisdiction of the CMS, to the courts. You can record it in a consent order (and a lot of people do, because it can be very helpful, for things such as mortgage applications or benefits claims, to have proof of your income from that source) but parliament explicitly wanted to prevent people from contracting out of child support, so having it in an order only prevents an application to CMS for 12 months. After that, either of you can apply and if the CMS makes an assessment this replaces and discharged the child maintenance element of the order.
Did you have legal advice when you agreed the order? If so, I would have expected this to have been explained to you.
Are you sure that the other terms were beacuse of the child support? It's very common to have a lower share of the house or pensions if there are children who are going to live primarily with the other parent, or if you are the higher earner.
However, as things stand, your ex is entitled to make the claim to the CMS and if the amount they asses you as having to pay is higher , then you will have to pay the new amount.
Would you not have expected the amounts to go up over 5 years in any event?All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Would not dispute if the money went to the kids!
This is awful thing to say, having been a single Mum for almost 10 years your child will be costing way more than what you are actually paying for it.
In the last 5 years every single utility has gone up, clothes cost more, food costs more and as children grow up they cost more money.
I got divorced in 2011 and each year my ex-husband and I would sit down and increase what he was paying for our children. My ex-H paid a set amount based on his salary along with half of our children's school related costs i.e. uniform, lunches, trips etc. He saved a little of his annual bonus each year too for our children. We would have provided fiscally for our children together but he did it willingly and understood the landscape. He tried unsuccessfully to "control" what I spent "his" money on but as the custodial parent I wasn't going to start justifying what food I had spent on etc. That was a ridiculous and unworkable suggestion.
I assume you are still connected to your child and see them regularly? This doesn't happen by magic. If your child(ren) are happy, healthy and doing well at school?? If so you should stop kvetching and be pragmatic, recognise costs have increased (as has your salary)and offer extra to your child's Mum.
The option to stand your ground will see your ex taking you back to Court, and you'll go through a huge costly process which will have a negative impact on your child and she will still get her way because a Court will look at the evidence and see you earn more and should pay more.........0 -
Working_Mum wrote: »
The option to stand your ground will see your ex taking you back to Court, and you'll go through a huge costly process which will have a negative impact on your child and she will still get her way because a Court will look at the evidence and see you earn more and should pay more.........
Just to clarify, it wouldn't go back to court. It would go through the CMS. Still stressful and probably OP would end up paying more than at present, but it would not be the court which would deal with it.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Thanks for the clarification TBagpuss, I am not up to speed with all the new names for the various Agencies involved.
During my divorce I avoided playing money games via the CSA (as it used to be called) and Court system because people's positions just become polarised and there are children caught up in the middle.0
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