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breach of court hearing child maintenance

tinkerbell1606
Platinum Member

27 Jun 13 #398935 by tinkerbell1606

Reply from tinkerbell1606

No, documents do not have to be filed again, this is a simple enforcement application.
You can do this yourself.
Follow the advice I''ve given, it will be ok.
It matters not what he thinks he can do, if he stops paying, he is in breach of the order.
The order is not yet a year old, he hasn''t even got a leg to stand on as he cannot apply to vary the order until its a year from the date it was issued.
If you would like I can have a chat on the phone with you later today.
Send me a personal message with your contact details and I will do my best to talk you through it.
It may be easier to hear than to read
Tink.

kentenglishrose
Posted by
Junior Member

27 Jun 13 #398949 by kentenglishrose

Reply from kentenglishrose

thank you so much i will message you later and we will talk it through thank you for being so understanding i am at my wits ends !!!! XX

kentenglishrose
Posted by
Junior Member

27 Jun 13 #398970 by kentenglishrose

Reply from kentenglishrose

HI THERE AGAIN BEFORE I SPEAK LATER I JUST WANTED YOU TO GIVE YOUR OPINION ON THIS PARAGRAPH FROM MY ORDER

AND UPON THE PARTIES AGREEING THAT THE APPLICANT HUSBAND SHALL UPON THE SALE OF FORMER matrimonial home PAY OR CAUSE TO BE PAID child maintenance TO THE RESPONDANT WIFE FOR THE BENEFIT OF X AND X AT THE RATE WHICH WOULD BE FIXED BY CMEC UNDER THE CHILD SUPPORT ACT CURRENTLY AGREED AT £1249 PER MONTH FOR BOTH CHILDREN.

HE HAS FOUND MANY LOOPHOLES AND SCREWED ME FOR EVERY PENNY I JUST WANT TO CONFIRM THAT THIS IS A STRONG CASE AND I WILL NOT BE WASTING MY MONEY AGAIN I DON''T UNDERSTAND WHY PARAGRAPH SAYS RATE WOULD BE FIXED BY CMEC? MANY THANKS AGAIN LOOK FORWARD TO HEARING FROM YOU XX

tinkerbell1606
Platinum Member

27 Jun 13 #398985 by tinkerbell1606

Reply from tinkerbell1606

Listen to the barrister and the solicitor, whom you have paid good money for advice.
Try not to panic & read into things too much, you seem to be finding obstacles where there are none.
It''s a simple enforcement, as explained previously.
Tink

kentenglishrose
Posted by
Junior Member

27 Jun 13 #398989 by kentenglishrose

Reply from kentenglishrose

hi there, would it be possible to speak to you X

tinkerbell1606
Platinum Member

27 Jun 13 #398990 by tinkerbell1606

Reply from tinkerbell1606

No problem. Send me a personal message with your phone number & I will call you.
Tink

Child Maintenance Options
Moderator

04 Jul 13 #400092 by Child Maintenance Options

Reply from Child Maintenance Options

Hi Kentenglishrose

Thank you for you post, I am William the Child Maintenance Options consultant. You have indicated in your post that you have a Consent Order in place with your ex-husband. I understand that your ex-husband has contacted the Child Support Agency (CSA) and stated that he would transfer the £1249 agreed by the courts, however, you only received £880.

Any Consent Orders that were endorsed after March 2003 are not legally subject to change unless they have been in place for at least 12 months. After 12 months, either parent can apply to the CSA and the Consent Order will no longer be valid.

Once a Consent Order has been agreed and authorised, the paying parent is legally liable to pay the amount the court has endorsed. However, the court does not monitor or collect payments. Therefore, you will need to seek legal advice for any missed or reduced payments, unless you are happy to accept them. It is possible to change the terms of your Consent Order and to do this you will need to get legal advice. This most commonly results in going back to court to set out the application on a standard form. The court will then consider any changes. If you would like to pursue changing your Consent Order, you may find the following link useful on finding legal advice find-legal-advice.justice.gov.uk/. Alternatively, you may wish to contact your solicitor that has been dealing with your Consent Order.

In regards to any spousal maintenance that has been discussed within your Consent Order, you would need to seek legal advice as to where you stand with this, as we are not experts in this field.

We have a sorting out separation web-app on our website at www.wikivorce.com/divorce/Sorting-Out-Separation.html that you may find useful as it offers help and support to separated families.

If you would like to talk to our team in complete confidence about child maintenance you could give us a ring on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday. Alternatively, for useful tools and guides, you can visit our website at www.cmoptions.org.

William

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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