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History: Home UK Divorce Forum
Topic:
Type of consent order (6 Posts)
Started By:
Date:
06 February, 2017 10:47PM
Type of consent order
PaulYork - 06 February, 2017 10:47PM
Have I got a "Global Order" / "Segal Order" and if so can a CSA assessment can reduce them.

I didn't have legal advice at the time of the consent order, foolishly/naively trusted and believed my xw.

We saw the judge face to face in private (I think this was because I had self managed the paperwork) and again the implications of such an order were not made clear.

The order doesn't mention spousal maintenance or nominal spousal maintenance. It calls it periodic payments.

My order has the paragraph stating that payments will be reduced pound for pound upon a CMS assessment and I assumed that would mean if my circumstances changed I could change the payment via the CMS. It was on this basis that I was happy to sign the order.

The amount (£) was agreed based on the amount of time I could feasibly have our 2 children overnight.

I have gone from zero dependents in residence and our 2 children staying 1 night in 14 TO three dependants in residence and our 2 children staying 2.5 nights in 7.

Any advice is graciously received



Edited 1 time(s). Last edit at 06/02/2017 11:50PM by PaulYork.
Re: Type of consent order
PaulYork - 07 February, 2017 01:40PM
Anyone able to help on this one?

I have got a PDF copy of the consent order in full if that is required?

Thank smiling smiley
Re: Type of consent order
davidterry - 07 February, 2017 06:33PM
>>I have got a PDF copy of the consent order in full if that is required?

That would be required, yes. That is because the exact wording is very important, If, say, you are paying £2,000 in global payments in respect of your former spouse and children (which sounds to be the case) and the CMS assessed child maintenance to be £1,000 that would simply mean that you paid £1,000 via the CMS and that you paid the balance of £1,000 under the court order. Without seeing the exact words it is hard to be 100% sure but this may well be what the effect is.

If the order had said on the other hand that you pay £2,000 per month in child maintenance (no mention of 'global' or 'spousal'), the order was at least 12 months old and the CMS later asssed the amount payable to be £1,000 you would simply pay £1,000 and that would be that.

It is the word 'global' which tends to suggest that the former situation is what you are looking at but without seeing the order one cannot be 100% sure.
Re: Type of consent order
PaulYork - 07 February, 2017 09:03PM
Thank you very much for your response.

There is no mention of "global" or "spousal" maintenance on the order.

However, my xw knew I was assessing the draft myself and may have instructed her solicitor to lock the payment up but word it so I wouldn't spot it? Wouldn't suprise me knowing her now, but at the time I trusted her. (in hindsight I should have asked my parents for £ assistance to fund a solicitor).

Can I upload the order onto here? Should I disguise the names?

Thanks again,

Paul.



Edited 1 time(s). Last edit at 07/02/2017 09:05PM by PaulYork.
Re: Type of consent order
davidterry - 08 February, 2017 11:41AM
I would suggest you email the document to me. I will soon be able to tell you the significance once I see the wording. I would not suggest that you post something like that on a public forum. It is basically a private document.
Re: Type of consent order
PaulYork - 08 February, 2017 12:09PM
Thank you.

Sent.
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