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Reducing CM?

  • BigVee
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04 Aug 10 #217639 by BigVee
Topic started by BigVee
To cut a long story short I believe I got bad advice during my divorce in respect of child maintenance.

The Consent Order states a fixed amount, and does not mention annual increases.

If I go onto tho the CSA website, I am over paying significantly against the online calculator (+£200 per month!).

In the interim, my ex has had the audacity to ask for an increase.

I have refused.

Any help much appreciated.

  • AntiAnti
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04 Aug 10 #217644 by AntiAnti
Reply from AntiAnti
Before the consent order has been sealed you can do this:

Phone the CSA immediately and ask to self refer yourself. They will send you out a very simple form. You need to complete it and attach your last two pay slips. They will then work out a payment schedule based on your salary. Once the schedule is made your Ex has to accept it. If she refuses the CSA will tell her she is no longer entitled to maintenance. When the consent order goes to court the Judge will simply accept the maintenance schedule from the CSA. The Judge will not overturn a CSA maintenance schedule!!!

After the consent order has been sealed by the court I'm not sure if it can be changed??? Has the consent order been signed by the court???

  • eyes on horizon
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04 Aug 10 #217645 by eyes on horizon
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Either of you can apply to have the CSA assess your CM once a year has passed since the consent order.
I would take the bull by the horns and contact them yourself. As a goodwill gesture you could still offer to pay slightly over, or pay for school dinners, fees, uniforms etc direct to the source if you felt you wanted to contribute more.

My theory is pay the minimum and ensure that they have everything they need when they see you.

  • dukey
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04 Aug 10 #217646 by dukey
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Once the consent order is a year old you can apply to CSA and basically their calculation takes precedent over the consent order until then their is little you can do.

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04 Aug 10 #217647 by eyes on horizon
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not all is lost dukey!

he can refuse to increase it!!! :laugh:

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04 Aug 10 #217655 by dukey
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Indeed he can, but thats about it,

  • BigVee
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04 Aug 10 #217660 by BigVee
Reply from BigVee
thanks all.

it has been over a year since the consent order was signed.

I was under the impression I would have to go to court to ask to vary?

As when i raised it with my ex, i got hit with a solicitors letter soon after telling me I had to pay the consent order figure.

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