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consent orders and CSA

  • cunctator
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24 Mar 11 #259435 by cunctator
Topic started by cunctator
My daughter was divorced in 2008 and a Consent Order was agreed with her ex and sealed by the court. child maintenance payments (index linked) were part of it. Now she is told by CSA that these will be set aside and replaced by a standard formula calculation as her ex husband (NRP) has made an application. She appears to have no options but to accept. CSA and CM Options gave inconsistent advice initially but the above now seems the settled position. Is this right? If so, where is the justice in overturning a comprehensive agreement, freely negotiated with solicitors' help and court approved, by a standard formula that takes no account of the trade-offs made in the negotiation? Why should anyone seek a consent order or private agreement on CM if it can be overturned unilaterally by application to CSA? Declared policy is to encourage private agreements but this seems to knock the bottom out of it!

  • eyes on horizon
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24 Mar 11 #259444 by eyes on horizon
Reply from eyes on horizon
Consent orders with CM included are only binding for one year from the date of the order being sealed and either party can ask the CSA to do an assessment after such time passes.

There should be no 'trade off' of assets in lieu of child maintenance becuase assets can disapate and salaries can disappear. If you had decent solicitors they should have advised this at the time of consent order.
What would happen if say, the nrp signed over all savings and marital property asset and the RP gambled it all away? or the banks went caput and interest rates fell cutting the asset in half? the CSA is there to ensure that no matter what happens if the NRP is earning a PAYE salary they will have to contribute, legally, to the children until they are 16/18 (or leave HE in some circs)

If she has a specific type of order ie Global/Segal then she would still recieve the Spousal Mait. part of it but the global amount would reduce for each pound the CSA pays her sor the CM aspect of it.

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