draft consent order doesn't mention maintenance

Please can you help? I've just received the draft Consent Order and statement of information in relation to financial remedy.

I have 2 teenagers aged 16 and 14. I receive child maintenance at 20% of my ex's net income each month. My ex also saves £50 per month per child into a bank savings account which is in both our names, and is primarily for university 9 we opened these accounts when the children were 4 and 2. Then he meets with them each week and he'll give them pocket money most weeks for football tickets/ cinema trips etc.

None of this is in the consent order.I'm already not happy with the somewhat ad hoc arrangements of the pocket money and the reliance on his goodwill to put the £100 per month into their savings account. Fingers crossed he has done it for the past 18 months, but who'se to say he'll continue once his girlfirend finds out? And what protection have the children got for the maintenance to continue once they finish school but start university- it's still full time education and we have agreed for it to continue until the end of this.

Why doesn't the consent order mention anything about child maintenance?

Hi,

Is the maintenance paid through the CSA? If it is its already being dealt with. If it isnt then you are right to not sign that order until it is stipulated within.

Pocket money and the like is not usually included in orders. It will ultimately be down to his affordability.

Regards
DA

Normally the CSA has jurisdiction for CM and it can only be included in a consent order by agreement. It may be the solicitor drafting the order has avoided putting CM into the order because it is actually rather complicated when CM is paid as percentage of income ie how is income assessed, reviewed or verified, by whom, when?

In any event there is a 12 month rule which means that after one year from the date of a consent order either party can apply to the CSA and the court order will cease to have any effect. Extras such as pocket money and saving for uni are entirely at your ex's discretion.

Over 18s in education can apply in their own right for child maintenance.

We haven't used the CSA because we managed to reach an agreement using cm options. I know this isn't a legal agreement though, and I suppose that's what I was confused about.

I always thought that the arrangement would be formalised in some way at some stage. The private agreement form on the cm options website is good and he has always kept to what we agreed but it is reliant on goodwill as you say.

With everything else that has gone on I just have a gut feeling that this isn't going to be enough in the future ( the goodwill not the money!).