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History: Home UK Divorce Forum
Topic:
Enforcing a consent order (4 Posts)
Started By:
Date:
26 February, 2018 02:28PM
Enforcing a consent order
BSH2018 - 26 February, 2018 02:28PM
My ex husband and I have a consent order which was approved by the court on 31 January 2018.
It orders that maintenance should be paid at £400 per month for our son, and payments reviewed annually in April and any increase should be in line with my ex's annual salary increase (if any is awarded). This figure was reached by using the child maintenance calculator, and has been paid monthly for the last 18 months

Just last week, my ex has said he has received his annual salary increase and as a result he has re-calculated his maintenance to be £310 per month - despite receiving a small salary increase.

Since the consent order was drawn up, his circumstances have changed and he is now living with his new partner and her 2 children. Because he has moved away, he now has my son 2 extra nights per 4 week period. I understand that these changes make a difference to the amount payable when using the CM calculator, but as we have a consent order I thought that regardless of his circumstances, he should still pay the amount in the order - unless of course he doesn't have the means to pay.

Please can someone advise whether my understanding is correct?
Re: Enforcing a consent order
davidterry - 26 February, 2018 03:38PM
If the consent order was made on 31st January he must pay the amount specified by that order until 30th January 2019. Thereafter he can apply to have the amount reassessed by the child maintenance people but for a year he is bound by the court order so far as child maintenance is concerned. It is payable unless and until he makes an application to the court to reduce the amount and a court is unlikely to do that so recently after the order was made. This is the big disadvantage (from your husband's point of view at any rate) of having the amount of child maintenance set out in a court order. Of course, if the court order actually says that he shall pay such sum as is assessed from time to time by the child maintenance people that would be different but court orders hardly ever say that for all sorts of technical reasons.
Re: Enforcing a consent order
jill_of_all_trades - 26 February, 2018 03:48PM
£400/30 = approx. £13.33/day so if he is having your child an extra 2 nights a month I would think it reasonable to decrease your maintenance to about £375 a month. However given he has had a pay rise....
Re: Enforcing a consent order
davidterry - 26 February, 2018 05:27PM
What is reasonable does not now come into it. It seems there is a court order which orders payments of £400 a month. If that is what is ordered that is what can be enforced unless and until the amount payable is either varied by a court upon application or until the Child Maintenance Agency has jurisdiction which will not be until the court order has been in force for 12 months.
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