Variation on cosent order - (Form E)

My ex husband has recently applied for a downward variation on a Consent Order for child maintenance that was settled in 2002. For the last 3 years he has not complied with the existing order but because I applied for a charging order to be put on his property a few months ago in respect of the arrears, he has now applied to the court to make a variation on the consent order for nil payment. As it happens he sold his property in the meantime so a charging order was not valid. The court has ordered that both parties complete a form E. I feel that this is an unnecessary infringement on my privacy as the respondent, particularly as my income should have no bearing on how the court considers his ability to pay child maintenance? My question if anyone can answer is will I have to agree to nil payment if I do not want to complete a form E? Can the court impose a sanction on me if I don’t? Or can I argue that as my ex has not complied with the existing order for the last 3 years and is asking for nil payment it should not be necessary for me to have to disclose private information for no reasonable or positive outcome? Please help I cannot afford a solicitor and even if I could it seems really unfair that as I have been receiving no financial support from my ex that he should be privy to my personal finances to then ask the court to agree that he should not pay anything towards his children. I would be thankful for any advice.

If you go through the court process then yes you have to both file Form E's which take into account current incomes and assets.

Another alternative is to go to the CSA, as the consent order is now 12months old either party can apply to CSA and they will look at his income only. Not sure they can help with the arrears you would have to enforce the original consent order.

The court process for variations is similar to that of anciliary relief and the costs not so dis-similar so in the majority of cases the court costs far outweigh any gain!

Good luck

Thank you, but as the consent order was made before 2003 I cannot apply to the CSA. I guess I will just have to agree to nil payment will hardly seems like justice to me!