Consent Order not index linked reviewed since 2003

Hi - please help, this is my first post (sorry its a long one)
I divorced in 2004, a Consent Order was drawn up from 2003 for my 2 children age (back then) 5 and 13 to pay £300 each and which was meant to be index linked and reviewed on an annual basis (which we've never done). . This was roughly in line with the CSA baseline and his earnings of £60K per year. We had no problems keeping to this agreement and he's had the girls stay with him ever since - every other weekend, takes them out 1 night in the week for dinner and has them go to his for the odd 1 week during half term/ summer hols every year. There were 2 or 3 times that I asked my ex if he could pay for my youngest's dental fees as she had some terrible trouble with her teeth which I couldn't afford to pay on the salary I was back then…he agreed to this too and it was always done in a friendly and civil manner.

My ex was made redundant back in early 2006 and at the time I agreed to drop the maintenance to £550 per month whilst he sorted himself out, he soon (6 weeks afterwards) found another job on similar money but the dufus that I am I didn't insist on him increasing the maintenance back to £600 - he later told me that he was given a £30K payout as a result of his redundancy! It was only around early 2007 that he agreed to increase the payments back to £600…but there was never any mention of missing backpayments for the £50 difference during the time that he was in work.

Last year was a year of huge changes - my eldest daughter turned 18 and went to University, at which point my ex then diverted a monthly £200 paid directly to her (his choice, and I matched this by putting £200 of my own money into a savings account for her too) and changed the child maintenance payments for our youngest to £400 monthly which I was fine with. My ex and I both met new people who we are engaged to. My Fiance lives with me (also divorced and paying maintenance to an ex!) and my ex lives with his new Fiancee and her 5 year old son. There was 1 occasion that I asked my ex last year if we could go 50/50 on some holiday care for our youngest (about £50) and a recent school activity week (£125)…he agreed, but not without telling me that he was finding it harder to make ends meet due to his new circumstances (his Fiancee doesn't work).

The crutch moment has come now that I enrolled our youngest on a weekly after school amateur dramatics class that she's been wanting to do for some time. It costs £945 per year spread across 3 payments of £315 each. Again I approached my ex and asked him if he would be willing to contribute something…not necessarily half. He agreed to go a 1/3 on the payment and asked me to nudge him again when his next 1/3 was due so when I asked him to pay the 2nd time and suggested that he just add the additional £25 to the monthly maintenance rather than have me badger him - he denied all knowledge of agreeing to pay this in the long term and told me instead that he'd only agreed to pay the £105 as a one off. He came to the house to collect our youngest to take her to dinner yesterday and told me that he was fed up of me constantly asking him to pay more money, he made it sound like I do that all the time…which Ive never done. He doesn't think much of our youngest doing drama classes, so he's not very supportive in that respect. Im acutely aware of him being the sole provider in his new home and also having to stump up the cash for his new upcoming wedding, he's under a lot of pressure moneywise so I think that my request was the last straw that broke the camel's back. He ended the conversation by threatening to approach the CSA to 'get this sorted once and for all'. I have no idea what his annual salary is (I asked him, but he refused to provide me with the info). The irony is that based on the CSA calculator, if he's still on his 2004 salary of £60K the amount for 1 child (with 1 child in his own home) is roughly the same as £400 so I don't see the point in doing that.

My questions are: Where do I stand in all this with him going to the CSA and our Original consent order? Should I uphold our original Consent Order re the fact that we never re-reviewed the maintenance nor index linked them as we'd agreed? Could I claim against the retrospective index linked increases and the missed £50 that he didn't pay for 1 year? Id have left it at that if he hadn't threatened me. Id really appreciate your advice before I take any further action as this is so upsetting.

If the consent order is pre March 2003 the CSA will possibly not be able to become involved .If your consent order is after March 03 either you or your ex can make an application to them and use there method of calculation you then can't use your consent order.

Where do I stand in all this with him going to the CSA and our Original consent order?

When an order predates 3rd/4th March 2003 the CSA cannot get involved. With orders after that date either parent can apply to the CSA one year after the date of the order and the CSA notify the court so the order ceases to have effect.

Should I uphold our original Consent Order re the fact that we never re-reviewed the maintenance nor index linked them as we'd agreed?

When index linking isn't in the terms of the order it can't be enforced. If it is in the order you would need the court's leave to enforce arrears more than a year old. Also remember your ex husband may claim any additional contributions he made were child maintenance.

Could I claim against the retrospective index linked increases and the missed £50 that he didn't pay for 1 year? Id have left it at that if he hadn't threatened me. Id really appreciate your advice before I take any further action as this is so upsetting.

I think if you were prepared to leave it alone before you shouldn't react to his threats and let sleeping dogs lie. Forcing issues through court is counterproductive in cases like this, it leaves people resentful and resistant thus damaging long term family relations.

From the CSA website


Who can apply for maintenance through the CSA?
A parent or person with care or a non-resident parent can ask us to work out child maintenance and set up a payment arrangement.

In some circumstances, we may not be able to accept an application. For example, we may not accept cases where:

the parent with care or the children are living abroad, or
the non-resident parent lives abroad and does not work for a UK-based employer, the civil service or the armed forces, or
a court order instructing the non-resident parent to pay child maintenance was made before April 2003, or
a court order covering child maintenance was made after April 2003 but has not been in force for 12 months, or
there is a written maintenance agreement which was made before 5 April 1993.


If there is an existing court order or written maintenance agreement (as described above) and either parent wants to change it, you should apply to the court where the maintenance arrangement was made.

Thanks for your objective responses...appreciate that. The consent order was made after April 2003 (October). The CSA called me just a moment ago to tell me that my ex has now opened the case with them and that a new calculation will be drawn up in 12 weeks. I still have no idea how much salary he earns so I have no idea what the outcome will be. We used to be able to talk so amicably but Im so upset by this and don't no what to do next...sit tight and wait for the new calculation or go to a solicitor now? Even when the calculation does come through how will I know that they have gone through all his earnings...I know he invests in accounts that he doesn't hold in his name. So upsetting

The CSA basic assessment is calculated using payslips, P60s, accounts or tax returns. Since March 2003 courts do not have any jurisdiction over child maintenance unless the child concerned is a step child, one parent lives abroad or the child is over 18 and in education or training.

Child maintenance or a variation can be agreed in a consent order but the court cannot impose it. Once there is a consent order it can be enforced until the order ceases to have effect. There is nothing to be done about the CSA becoming involved and the order ceasing to have effect so there is little point seeing a solicitor unless you decide to claim arrears.