The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

child maintenance

  • jasmine
  • jasmine's Avatar Posted by
  • Senior Member
  • Senior Member
More
27 Jan 08 #12090 by jasmine
Topic started by jasmine
If a Consent Order has been stamped by the court if the ex stops the payments what is the procedure.
Do you go back to court
how long does it take
what costs involved.
or do you go to csa.
If the consent order is index linked for inflation who is responsible for ensuring it is carried out.
ex solicitor or the court.

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
28 Jan 08 #12183 by sexysadie
Reply from sexysadie
I think you go back to court if that is where it was agreed. CSA just use their formula.

No idea about the rest: I expect the time it takes depends on how busy the courts are where you live.

Sadie

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
28 Jan 08 #12188 by LittleMrMike
Reply from LittleMrMike
Depends really. If the payer is in full time employment all you need to do is get an attachment of earnings order. Arrears of maintenance are a debt and can be enforced like any other debt. The payer will probably be ordered to pay costs.

As to index linking, well, the order should specify what index the payments to be linked to, when the annual increase takes effect, the month when you look at the index to determine what the rate of increase is to be. Provided the order is well drafted, there should be no scope for argument ; I've never had any trouble at all with mine, I have agreed it every year with my wife's receiver and it just isn't a problem.

Mike 100468

  • kitten44
  • kitten44's Avatar
  • Senior Member
  • Senior Member
More
28 Jan 08 #12190 by kitten44
Reply from kitten44
You could try a solicitors letter in the first instance. If this doesnt work then i'm afraid its back to court.
Why has he stopped payments?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.