Maintenance court order - variation?

Hi
Been divorced 18 months. Ex pays maintenance for the kids of £100 per week in total. This was done by a court order, not the CSA, because he does not work but has assets. Food and petrol have rocketed and when the amount was agreed he did see the children fortnightly although he did not give them any meals or have them overnight or for holidays (his choice). He stopped seeing them at all two years ago (again, his choice). This has also put a lot of strain on me because I am restricted work-wise.
Does anyone know what I have to do to get it increased? He is due to get his pension at 60 (1 year's time) and his pension pot was over £1Million at the time of divorce.
Any advice appreciated.

Hi Desperatehousewife,

Before I will be able to advice on this, I have few questions that I would like to ask.

1. When the Court Order was made regarding the children, was it agreed between the two of you (Consent Order) or during Ancillary Relief proceedings?

2. Was pensions awarded by the Court during the proceedings?

Speak soon.

Thanks Sandra

1) We have a Consent Order and a Deed.
2) He kept his pension and I kept mine.

DH

I was told by my solicitor at the time that I could not go to the CSA because he is not earning and that, after a year, I could go back to Court and complete a form to ask for an increase. She said I would be able to do this myself with no need for a solicitor. But the forms the Court have sent me seem to be for a consent order in the first place. I don't want to have to submit loads of financial details again. We had a Clean Break settlement but obviously he must support his kids. There is no contact now, he won't return even the kids' phone calls.

My understanding is a year after a court order (if order made after 2003) is made for CM you can go to the CSA for an assessment. (you dont need to go back to court)

However if what you want varied is SM then you would need to go back to court

I don't receive anything for myself, it's for the children. However, as he doesn't earn anything under PAYE, wouldn't the CSA just say he has no income so doesn't have to pay anything? I don't want to end up with less.

The court normally has no jurisdiction to order CM or a variation if the consent order is over a year old. If you apply to the CSA the consent order would cease to have any effect.

The CSA basic assessment is a calculation based on a percentage of income. IT is then possible to apply for a variation if the non resident parent has assets in excess of £65k other than property they live in.

What needs to be balanced is the certainty of the consent order against a possible increase or decrease in child maintenance and the potential length of time it may take for the CSA to make an assessment and organise the collection of payments before you receive any money.