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CM in consent order -yes or no?

  • miffy1
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30 Jan 10 #181339 by miffy1
Topic started by miffy1
The long distance financial negotiations seem to be nearing an end, division of capital is agreed but STBX is talking about a certain amount of child maintenance being written into the Consent Order (much less than that calculated by the Australian - where kids & I are- & UK CSA -where he is). We have no formal agreement at present, he pays just over half the assessed rate about monthly (whatever he has left over from his business class trips to Thailand!). I haven't complained too much yet as he keeps threatening to quit his job & disappear if I do, & I just want to get this divorce sorted.

Is it necessary to have CM specified in the Consent Order? Is there any advantage to doing this? My understanding is that you then have to go back to court to make any changes which is obviously quite inconvenient when I'm in Oz. I don't want CM specified in the Consent Order (STBX has said he will not agree with the assessed rates); like I said I just want to get the divorce sorted then probably contact CSA to deal with the CM side.

Thanks for any advice/opinions

  • dukey
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30 Jan 10 #181359 by dukey
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Hi Miffy

Don`t worry you don`t have to include CM in the order in fact even if you do either party can apply to CSA after one year.

  • miffy1
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30 Jan 10 #181468 by miffy1
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Thank you Dukey, it seems to be the sticking point in getting the agreement signed off so if we can just omit it maybe we'll have some progress! Is the standard English CM 20% of net income for 2 children? (Children are 3 & 6)
Cheers!

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