Changing a consent order??

I have a Consent Order in place which provides child maintenance for each of my children. I dont get spousal maintenance, even though we were married for 14 years.

However, I was redundant at the time of the financial negotiations and have been on benefits for the past year. However today I started a new job (yeah). Financially I am not very better off - I am just one of those cases that actually could be better off on benefits. However I didnt want to continue on benefits and preferred to return to work.

So my question is: My exH will probably now assume I am in the pound seat and will possibly try to reduce maintenance. If he does this will mean that I would have to sell our house. Can he just change how much he pays based on his own assumptions about how much I earn and if so how does he go about doing this?

I know I may be fretting over nothing but my xH begrudges paying child maintenance and reminds me every month that I should be grateful for it. In addition he generally pays it a day or two late. I cant go through the CSA as he is self employed and does not declare all his earnings and also works in Switzerland in a consulting capacity with his new wife.

Sorry I seem to have waffled. My question is basically can he change the amount he pays even though we have a consent order and if so what can I do to stop it, prefably without incurring legal costs as I still have a huge solicitor bill that I am paying off.

Thanks,

Hi,

Firstly congrats on the new job. I pay CSA to my ex ex wife and the rate is 15% net salary per month. If he earnings go up i still have to pay that amount. I dont see he should be changing the amount he pays. Its for the children anyway, and towards their upkeep..You could always give the CSA a quick call and explain this but i think they will reaffirm what ive said.

Regards
DA

Hi,

Thanks for your response. As I mentioned we arent using the CSA and I dont want to. I dont think that I would get the same amount of child maintenance via the CSA as I did via a consent order. The reason being is that my xH lives and works both in the UK and Switzerland. He didnt declare all his earnings on his form E (?) so dont believe that he would declare all his earnings to the CSA and therefore an unrealistic amount of child support would be calculated.

Lets just say he used to be in the £100K bracket before being fired. Now has homes in the UK and Switzerland and has three very nice cars. Dont get me wrong I am not interested in 'nailing' him, I just want the child support to continue as is - not even interested in an incremental increase due to cost of living.

My concern is that he will go to the CSA and then I am not sure how/what to do after that.