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variartion of consent order periodical payments

dukey
Moderator

18 Jan 10 #177641 by dukey

Reply from dukey

Sorry in the earlier post i assumed it was SM, forget form E, CM will be dealt with by the CSA, if he wishes to vary the order before the order is a year old he can apply to court, but it will be an uphill battle to vary the order.

dlc1
Posted by
Junior Member

18 Jan 10 #177652 by dlc1

Reply from dlc1

Hi not wishing to go around in circles but the order is over 3 years old. Surely he has to keep paying it until he applies to the csa( which he wont because of outstanding debt or applies to the court to vary the content of the order. Will they then simply refer him to the csa? If he stops paying I lodge a claim with the court to hav ethe outstanding monies paid?

dukey
Moderator

18 Jan 10 #177654 by dukey

Reply from dukey

Family Court has no jurisdiction over CM apart from when it is written in to a Consent Order, any disagreement after the consent order is a year old is dealt with by the CSA, if he is not paying what he should then you should contact the CSA and make a claim.

dlc1
Posted by
Junior Member

18 Jan 10 #177657 by dlc1

Reply from dlc1

I clerk told me to lodge the claim as he is in breach of a court order until his application to vary is considered. If we go down csa route the children will not recieve a penny he already has debts of over 12,000 with them from 7 years ago.

dukey
Moderator

18 Jan 10 #177676 by dukey

Reply from dukey

A clerk of court is not supposed to offer legal advise but heyho, since 2003 the court have not dealt with CM it is a matter for the CSA soon to be cemec, if the child/ren are 18 then they can lodge their own claim with court.

dlc1
Posted by
Junior Member

18 Jan 10 #177685 by dlc1

Reply from dlc1

Thanks for the help
Seems conflicting advice all round including the court leaflets. Will wait until I recieve notification from court about his application if any... and wil submit this form to lodge non payment of court order with them if necessary.
thanks

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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