Consent Order for Child Maintenance

Hi,

I have had a look around on this board and can't find the answer to my questions, would be grateful if anyone can help.

I have been divorced for around a year now, and my ex's solicitor has sent me a Consent Order. There are no financial assets of such to negotiate over. She got everything (the house was rented) all the furniture etc etc.

However the only financial thing that I guess she wants to nail down is child maintenance. I am all for a financial break (I believe that's what the consent order is for?) but the area of child maintenance is a bit confusing. I thought child support was within the remit of the CSA, hence I was suprised to see that on the consent order. I currenty pay 20.7% of my monthly net salary (it's one child). I used to pay 22.6% but we agreed to take it down to 20.7%, then down to 18.8% after Christmas this year. Forgive the use of the percentages, but would prefer then to talk about direct figures.

I belive the CSA rate is 15%. She is asking me to agree to 20.7% for the long haul, which I don't feel comfortable with. I would probably agree to 18.8% in the long term.

But, overall I would prefer for the CSA to deal with that aspect. What advantages are there for me or her to have it done in this manner? Obviously she sees the better financial side as a benefit (which isn't for me).

I also read that in the cases of consent orders, the juristiction can fall back to the CSA? But , I also read that this is going to become less likely going forward?

As most people on here who post, I WANT to provide for my child, but things have to be fair and reasonable.

I guess what I am trying to decide (I do want the Clean Break aspect of the order) is whether to disagree with the order (the amount of child maintenance, or get that aspect removed - which I guess she won't agree) but this is no doubt going to involve solicitor costs from my side (I believe she is on legal aid). She does earn 20k+ though, and I believe she gets tax credits. The letter with the order did also state that althought they recommended her to ask for financial documents etc she didn't. I don't personally see what difference that would make. With her salary, tax credits, and maintenance I am sure she has more then me (and I appreciate she has a child to feed etc).

Any advice/thoughts appreciated.

A consent order is just that by consent, if you don`t agree don`t sign it, to be quite honest having CM in a consent order often just adds complication.

The rate for a single child is 15% and thats all you can be *made* to pay, if you want to pay above that then great but it can be done informally.

You can ask that the CM be taken from the order and you just pay it, or if they prefer pay via the CSA, this will not effect the rest of the order in anyway.

Thanks dukey.

I will happily ask for it to be removed, but feel a little uncertain that it might make things worse.

For example , may they ask to look at my finances, then possibly ask for more?
Maybe spousal maintenance too?

Obviously I would prefer the fallback to be the CSA , but I don't see why we can't keep to the informal agreement we have. I just don't like the idea of making things difficult going forward if I agree to the consent order, and for whatever reason it needs to be varied. At the same time, I am keen not to kick of a storm (and potentially come out worse) but I don't think they could ask for anything worse.

It's difficult trying to be fair, whilst making sure you're not being taken for a ride.