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- If ex changes the terms of the Consent Order?
If ex changes the terms of the Consent Order?
- curlyhairgirl
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18 Jul 13 #401428 by curlyhairgirl
Topic started by curlyhairgirl
Consent Order has only been in force for about 6 months. Today I received an email saying ex now wants to change his NET income to gross minus NI, tax, pension PLUS car insurance for a car he has bought our DD - without my agreement. So he considers his NET income to be MINUS the new cost to him of the car insurance which he wants me to bear. I can''t afford to.
He has also suggested he wants to change the agreement for paying her accommodations costs at 6th form college which are in the Order as paid fully by him. He has since made an arrangement with our DD''s college which increases the accommodation costs and he wants to pass these on tp me.
Where do I stand? I do not want the terms of the Consent Order to change unless the court tells me. He wants us to ''negotiate'' this between us but I have very good reason not to.
What can he do to change the Order and is he breaking the law? What recourse do I have if he changes the maintenance without my agreement? I spent almost £10,000 getting the Consent Order.
I can''t do that again.
He has also suggested he wants to change the agreement for paying her accommodations costs at 6th form college which are in the Order as paid fully by him. He has since made an arrangement with our DD''s college which increases the accommodation costs and he wants to pass these on tp me.
Where do I stand? I do not want the terms of the Consent Order to change unless the court tells me. He wants us to ''negotiate'' this between us but I have very good reason not to.
What can he do to change the Order and is he breaking the law? What recourse do I have if he changes the maintenance without my agreement? I spent almost £10,000 getting the Consent Order.
I can''t do that again.
- Caligula
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18 Jul 13 #401436 by Caligula
Reply from Caligula
Hello,
The consent order is the final judgement, He cannot change it.
Does he pay maintenance? This is the only thing that he can go back to court to have amended.
You don''t have to agree anything and if he breaches the Order you cn ake him to court.
He would very likely be liable to your costs but representing yourself would be fairly straight forward.
The consent order is the final judgement, He cannot change it.
Does he pay maintenance? This is the only thing that he can go back to court to have amended.
You don''t have to agree anything and if he breaches the Order you cn ake him to court.
He would very likely be liable to your costs but representing yourself would be fairly straight forward.
- Child Maintenance Options
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19 Jul 13 #401490 by Child Maintenance Options
Reply from Child Maintenance Options
Hi Curlyhairgirl.
Thank you for your post. I am Sarah the child maintenance Options consultant.
Once your Consent Order is agreed and authorised, your ex-partner 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 your ex-partner would 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.
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 you or your ex-partner can apply to the Child Support Agency CSA) and the Consent Order will no longer be valid.
If you would like further information about your Consent Order, you would need to seek legal advice. Gov.uk has a service which may help you to find a legal advisor or solicitor in your area. You can find this at www.gov.uk/find-a-legal-adviser.
If you would like to know more about how Child Maintenance Options can help you visit cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.
We also have a sorting out separation web-app that you may find useful, it offers help and support to separating families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html
Thank you for your post. I am Sarah the child maintenance Options consultant.
Once your Consent Order is agreed and authorised, your ex-partner 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 your ex-partner would 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.
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 you or your ex-partner can apply to the Child Support Agency CSA) and the Consent Order will no longer be valid.
If you would like further information about your Consent Order, you would need to seek legal advice. Gov.uk has a service which may help you to find a legal advisor or solicitor in your area. You can find this at www.gov.uk/find-a-legal-adviser.
If you would like to know more about how Child Maintenance Options can help you visit cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.
We also have a sorting out separation web-app that you may find useful, it offers help and support to separating families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html
- curlyhairgirl
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19 Jul 13 #401498 by curlyhairgirl
Reply from curlyhairgirl
Thank you.
Does this mean that if he reduces the payments he makes I can apply to the csa to collect maintenance at the level the Consent Order states (15% of his income net of NI, tax and pension contributions).
Also can he say that his net income is net of the above plus the cost of insuring a car for our DD?
Thank you.
Does this mean that if he reduces the payments he makes I can apply to the csa to collect maintenance at the level the Consent Order states (15% of his income net of NI, tax and pension contributions).
Also can he say that his net income is net of the above plus the cost of insuring a car for our DD?
Thank you.
- Fiona
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19 Jul 13 #401504 by Fiona
Reply from Fiona
At the moment any arrears of child maintenance are enforceable through the courts and your ex can''t change the terms of the order without your agreement or asking the court to vary the order. The CSA can''t collect maintenance when there is an court order in place. Neither can you involve the CSA until 12 months after the date of the consent order.
After that either of you may apply to the CSA for an assessment under the CSA rules that exist at the time and the consent order will cease to have any effect with regard to child maintenance. If the new gross income scheme has been implemented by then the assessment will be based on a percentage of his gross income.
Boarding fees may be treated separately from child maintenance. What are the exact terms of the agreement in relation to paying for college accommodation?
After that either of you may apply to the CSA for an assessment under the CSA rules that exist at the time and the consent order will cease to have any effect with regard to child maintenance. If the new gross income scheme has been implemented by then the assessment will be based on a percentage of his gross income.
Boarding fees may be treated separately from child maintenance. What are the exact terms of the agreement in relation to paying for college accommodation?
- curlyhairgirl
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19 Jul 13 #401507 by curlyhairgirl
Reply from curlyhairgirl
The exact agreement is that he pays 100% of her college accommodation fees.
He has since extended her accommodation so that in September she will be able to stay at the hall of residence at the weekend if she wishes. This has a cost implication which he also hints he wants to pass on to me, or partially pass on to me, via reduced maintenance.
Thank you Fiona.
He has since extended her accommodation so that in September she will be able to stay at the hall of residence at the weekend if she wishes. This has a cost implication which he also hints he wants to pass on to me, or partially pass on to me, via reduced maintenance.
Thank you Fiona.
- Fiona
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19 Jul 13 #401516 by Fiona
Reply from Fiona
It''s the wording of the order that is important. Does it just say he will pay £x child maintenance or something along the lines of child maintenance + school fees?
In any event if your daughter is boarding there may be grounds for maintenance to be reduced because you won''t have the costs of food etc when your daughter is at college. If that is the case it could be better and cheaper to negotiate a variation between yourselves using a solicitor or mediator if necessary.
In any event if your daughter is boarding there may be grounds for maintenance to be reduced because you won''t have the costs of food etc when your daughter is at college. If that is the case it could be better and cheaper to negotiate a variation between yourselves using a solicitor or mediator if necessary.
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