confused

Hi there not sure if anyone can help me. I have a Consent Order dated 11 November 2010 which has child maintenance on and amounts. I fully understand that either of us now can go via the CSA. My question is can he just drop the payments without making a CSA claim, he is saying the order was for 12 months and he can now basically drop payments without making a claim. Is he right? no-one seems to know. If wrong what shall I do?

Hope this makes sense to someone x

The courts would no longer have any power to enforce the CM payments as written in the consent order as it has been more than 12 months since the order was dated, it would be down to the CSA to enforce payments , but you would need to contact them first and they would assess your ex's income.

he can't just stop paying child support, as he has a legal obligation to provide financial support for his children.

forgot to add that until there is a CSA assessment (or a voluntary agreement between you both) he should continue paying the CM as is stated in the Consent Order. If his income has dropped significantly, then it might be reasonable to accept a lower amount in the interim.

will he have to pay original amount until sorted or just what seems to be any random figure he decides to pay lol

ha ha thankyou, that crossed lol. I know payments will go down because he now has a step child but to be honest I think he should be the one to go to CSA, he is refusing saying he knows what he has to pay and won't put in a claim??

I would say that if his income is the same then the amount in the CO would be reasonable, if his income has dropped, then it wouldnt be unreasonable of him to reduce the payment accordingly.

CSA rates are 15% of net income for one child, 20% for two and 25% for three or more. This doesnt include variations for overnights stays etc.

no his income will be the same if not more.

Sorry to be a pain but is there anything I can do if he does drop it without the CSA (140.00 a month he wants to drop) as I am really going to struggle to keep my house as my situation hasn't changed, I am still on my own with the 2 children.

Thankyou for responding so quick to other posts x