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  • cruff
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24 Apr 16 #477399 by cruff
Topic started by cruff
I am father paying periodical payments to the mother in accordance with a Consent Order made a few years ago. I understand I can now apply to CMS for a statutory child maintenance agreement which would calculate a new amount (in my case smaller) which would override the PP amount in the consent order.
Is this correct, and can the mother stop this if she wishes to?
Thanks.

  • WYSPECIAL
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24 Apr 16 #477400 by WYSPECIAL
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Yes you can apply and no she can''t prevent it.

  • Child Maintenance Options
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25 Apr 16 #477410 by Child Maintenance Options
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Hello cruff

If your Consent Order was put in place after 2003 and it has been in place at least 12 months, you can apply to the Child Maintenance Service. They would then take over management of your arrangement and the Consent Order would be void.

Anyone can apply to the Child Maintenance Service and the other parent cannot prevent it.

The Child Maintenance Service are just one possible way to set up maintenance arrangements. The others include; the family-based arrangement which is an agreement between parents without the involvement of the Government or the legal system. Although not legally binding, this arrangement can be the easiest and quickest to put in place due to its flexibility.

If you do decide to use the Child Maintenance Service, there are two ways that they can manage your arrangement. They can either calculate an amount of maintenance for you to pay and then leave it up to the two of you to decide when and how the payments are made or they can manage the arrangement for you and collect and pass on the payments for you.

There is a non-refundable £20 application fee payable when you use the Child Maintenance Service. There are also extra fees if you decide you want them to collect the payments. Your responsibility to pay will start from around the time you speak to them.

The other option is the Consent Order which you have at the moment.

If you would like more details about the options and to receive a more personalised service, you can contact Child Maintenance Options directly, www.cmoptions.org.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

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