Help: Consent Order - CM payments?

I have a query regarding child maintenance (CM) payments, which I''m hoping you can assist with.

A Consent Order has been in place for over a year, the content of which was by agreement between the parties (which was made after 2003 - as I understand this has some relevance).

The payers salary has now decreased and he would like to decrease the CM payments which the receiver gets (but still in line with CMS calculations - as is currently the agreement).

In order to do this, I understand the payer would need to either:
1) Apply to the Court for a variation; OR
2) Apply to the CMS (as CM payments within Consent Orders are only enforceable for 12 months)

The payer would deem option 2 most appropriate, seeing as no face-to-face hearings are required unlike option 1.

The question is, if the payer is receiving a lower salary and applies to the CMS in order to decrease payments in line with his new salary and the CMS calculator, is there anything the receiver can do? It is my understanding that CM payments within a Consent Order are only enforceable for 12 months (even if earnings decrease within that time frame) and there would be nothing the receiver can do to attempt to enforce a higher CM payment (which is more than the payers CMS calculation on his new salary)?

Below is the CM wording (only) within the signed/sealed Consent Order if this helps assist:

UNDERTAKINGS TO THE COURT:

1) And upon the Applicant undertaking to the Court and agreeing with the Respondent that for so long as child maintenance is payable to provide her with a copy of his January payslip upon receipt of the same for the purpose of an annual review of the child support maintenance payable by the Applicant for the child of the family

IT IS ORDERED BY CONSENT:

1)By agreement between the parties the Applicant shall pay to the Respondent periodical payments by the benefit of the child of the family. Payments shall be at the rate of £x per month, or at the appropriate percentage rate of the Applicants income in accordance with a CMS calculation, which ever shall be the greater. Payments to be made monthly by standing order into the Respondents nominated bank account. Payments will end on:

a) the child attaining the age of 18 years or ceasing full time secondary education; whichever shall be the later; or

b) further order

Thank you in advance for your assistance.

So basically, the NRP agreed to pay the RP greater of £X amount or the CMS amount. However, the NRP has been reducing their income and now wants to pay the smaller of the two, and is hoping that now that 12 months have passed since the consent order, the NRP can do this?

Seems pretty morally shady to me, but it would be good to know where they stand legally.

The court normally has no authority to impose an order for child maintenance or a variation. Exceptions are when there is an order predating March 2003, there are step children, one parent lives abroad or there are over 18s in education or training.

When child maintenance is agreed in a consent order the terms are legally binding and enforceable. If circumstances change during the first 12 months the consent order can be changed by agreement or the court can vary the amount. It''s a common misunderstanding that child maintenance included in a consent order is only valid for 12 months. The order remains legally binding and payments are enforceable until it ends or an application is made to the CMS.

Either parent can apply to the CMS 12 months after the date of a consent order. When the CMS processes the application they notify the court and the consent order ceases to have any effect with regard to child maintenance a couple of months later. Alternatively parents can agree changes "by consent" or a solicitor can draw up a deed of agreement. The latter isn''t legally binding but if there are problems later the agreement would carry significant weight and a court could make an order in the same terms as the agreement.

Hope that helps.

Thank you Fiona for your post.

So if the payer applies to the CMS (as long as 12 months have passed) would it be right in thinking that the new calculation would be on the payers new salary (according to his payslip - which is the usual requirement)? and therefore legally speaking the CM payment would have to reduce? whether the receiver likes it or not. Therefore this would then replace the previous agreement within the Consent Order?

Thank you in advance.

Thats mostly correct although the CMS calculation is based on the paying parent''s historic gross income with information acquired from HMRC i.e. your latest tax return. Current gross income is used if there is at least a 25% difference between historic and current income.