Changing consent order

1) If my ex wants to change the CM, I understand she can apply to CMS to change the CM only 12 months after the Consent Order , not before. Please can someone confirm? Are there any exceptions to this?

The 12 month rule you refer to is that should there be a dispute over CM, after a period of no less than 12 months after the consent order coming into force, either parent can then approach the CMS and open a case with them - after which the CMS will have jurisdiction over CM - not the Family Court. But if no case s opened with the CMS then the CM clause in the consent order remains in place and enforceable.

2) If she applies to CMS to change the CM in the far future, for example 10 years after the Consent Order , is she entitled to the new CM from that point only, or can she claim it retrospectively for the 10 years that have already passed? If she can, is there a limit on how many years back she can claim it back to? No - it's not possible to back date a claim - the starting date of a new case is the date the application was made.

3) Are both me and my ex (or only me) obliged to report changes to circumstances (like changes in salary) to CMS even if we are not using CMS to administer the CM payment? If you are not using the CMS then there is no need to inform them of anything.

4) I read somewhere that the Court normally does not take decisions on CM and leaves it to CMS. But I read that there is an exception - the Court can take decisions on CM that is related to school fees. How does that Court process/decision on school fees tie into the CMS process. For example, if school fees are actually more than the CM derived from the CMS calculator, then which amount will be used?

The court still retains its powers to make orders for

• the payment of school fees - in addition or as part of periodical payments (CM)
• child maintenance for step children or disabled children
• child maintenance for those who are in further education and certain other specific situations

It can also order that capital sums be paid for children, or that property must be made available for them, in certain circumstances.

5) I know CM ends when the children turn 16 (or 20 if they are in full time education, which is likely). But what happens if my ex gets a lot more money than me (for example, win the lottery, or gets a very high salary, get a big inheritance)? Or if she enters another relationship? Or if she remarries? Under those circumstances, do I still need to pay CM?For child maintenance purposes, a child is anyone under 16 years of age, or someone between 16 years and under 20 years who:

• is not, nor has ever been, married or in a civil partnership, and
• is in approved education or training.

However, in certain circumstances, someone under 20 can still be regarded as a child for child maintenance purposes even if they are not in approved education or training.

Your wife's income or relationship status does not change or reduce your legal responsibility to provide ongoing financial support for your children.