Variation of Consent Order

Hi

We divorced in 2009. A Consent Order for child maintenance was drawn up (Clean Break otherwise). Ex doesn't work and I really have no idea of his income other than some rental income but he could have started claiming his (substantial) pension early and have investments. We have two children who are still at school. He does not see or contact any of us. The Consent Order has a neutral effect of the CSA for my benefit in as much as if my Ex allows his payments to fall short of the agreement, I can recover the difference. He has always paid it so far.

My questions are:-

1) Can the amount be increased? He's been paying the same amount since the youngest was 6 (age 8 now) so 10 years to go and the cost of living has risen substantially, never mind the fact their financial needs go up as they get older. Surely he cannot get away with paying the same amount for the next 6-10 years?

2) If it can be increased, do I apply for an upward variation via the Courts? If so, what forms do I complete and what information will the Court require?

The fact that he does not have his children even for one night a week or any of the holidays means I can only work part-time and not shifts. This has meant that my job search and earning capacity is severely restricted. Since the Consent Order was put in place, I have been unemployed for various periods, including now. We have managed until now but I am struggling & don't see why it should be just my problem.

The exact terms of the order are important. I don't understand what you mean when you say "The Consent Order has a neutral effect of the CSA for my benefit in as much as if my Ex allows his payments to fall short of the agreement, I can recover the difference."

In most cases the courts have no jurisdiction to vary child maintenance. However, a year after the date of the order either part can apply for a CSA assessment and the court order ceases to have any effect.

That is what my solicitors put in their letter to me, to put it in laymen's terms,I guess. He did not work then and does not now so I think they were trying to sort things out without the CSA because they would say "no earnings, no maintenance". But he does have assets way over 65k excluding his home and probably a lot more I don't know about plus the pension.

Hi Giddyaunt

I think I can relate to this. If I understand this, you have Spouse maintenance and child maintenance set in your court order. If your CM changes then your SM does too so you will always get the same 'x' amount. Am I right?? This is a similar order myself.

Now the important part - please read your Consent order carefully as mine is linked to RPI. Each year (well past few) this has increased by 4% which does make a big difference.

I am sure one of the wiki team will be along soon to offer expert advice.

Poppy x

Hi Poppy P

It's different in that I don't get any maintenance for myself (clean break). There is no mention of RPI or increases that I can see.

Giddyaunt

Can anyone advise?

A solicitor would really need to see the order to tell you where you stand and what options there are. As I said above the courts only exceptionally have jurisdiction to impose or vary an order for child maintenance ie when a child is over 18 and in full time education or has a disability, there are step children, school fees, one parent lives abroad or the non resident parents income exceeds the CSA capped amount.

That means a variation either has to be agreed or you can apply to the CSA who can take into account his pension and the value of your ex's assets (except his home) over £65k. You could use the CM Options calculator to get a rough idea if you would be any better off.