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Topic:
Consent order and Child Maintenance (1 Post)
Started By:
Date:
04 October, 2017 07:40PM
Consent order and Child Maintenance
Marie1980 - 04 October, 2017 07:40PM
Hello,

My partner has recently divorced from his wife after many years of separation and a consent order was approved in the court. On the consent order the following sentences were included in regards to child Maintenance:

"The parties agree that neither shall make an application to the CMS but that the respondent shall continue to pay to the applicant for the benefit of the children of the family periodical payments in the monthly sum of £xxx or such further sum as may be due pursuant to the CMS formula from time to time in force"

And again further down

"The respondent shall continue to pay to the applicant for the benefit of the children of the family periodical payments in the calendar monthly sum of £xxx or such sum as may be due from time to time pursuant to his liability under the CMS until the youngest child of the family attains the age of 18 years or completes full time secondary education whichever shall be the later".

The amount payable is calculated on x amount of nights his children stay with us as per the CMS calculator but that frequency has increased when you include her holidays and when we take them away with us and all of the extra nights mounting up. My question is, can he calculate via the CMS calculator before the full year of the consent order is up and amend the amount legally?

Any help is appreciated!

Many thanks,

Marie
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