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variartion of consent order periodical payments

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18 Jan 10 #177581 by dlc1
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Does anyone know the process for someone to request the court to look at an application to vary periodical payments as set out in Consent Order more than 18 months ago.
EX husband seeking to lower payments although he agreed to amount higher than csa calculation in consent order.
He benefitted from a lump sum payment to allow a Clean Break divorce to occur.
Doe he get permission from the court to look at this before I complete a form E?

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18 Jan 10 #177593 by dukey
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He would need to file form A with court to begin with, then you will both need to complete form E, it`s worth noting the order can go up, stay the same or be reduced, it depends on his new circs and your needs.

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18 Jan 10 #177596 by dlc1
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is the form e requested by the court?

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18 Jan 10 #177598 by dukey
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Form E is used by the judge to see what the circs are now compared with when the order was made and if any change to the order is needed.

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18 Jan 10 #177632 by dlc1
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I have seen a form e but at the time of the divorce we agreed the financial split and periodic payment for children so did not complete a form e rather provided a finacial summary for the judge.
If it is his request for him to vary the childrens periodic payments down why are my income and circumstances now relevant? Surely he still has a commitment to the children despite my income? I always was the one who earnt the most and does his capacity to earn come into question rather than just what he says he earns as self employed?

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18 Jan 10 #177634 by dukey
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Just to be clear are you talking about child maintenance or spousal maintenance.

Court don`t usually get involved with CM but if you agreed you can have it written in to the order, after one year either of you can apply to CSA and they decide what should be paid.

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18 Jan 10 #177637 by dlc1
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The consent order refers to periodic payment for two children as we agreed a sum above the csa amount. I chose not to recieve anything for me. He has huge debts outstanding with csa for previous children so doesnt want to approach the csa.
Just trying to clarify at which stage my form e if at all is required? Does the judge look at his form a first then decides if it is worth considering on his info first?

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