Adding CM to Consent Order

I have a query about the addition of our private CM arrangement to our Consent Order. I would like to see the arrangement on a legal paper so at least I know what my payments will be for the coming year. I don't like tip toeing around with the threat of the CSA. The private arrangement my ex-wife and I have agreed means that I pay £100pcm less than the CSA rates.

We have reached a financial settlement in respect to our assets but wonder if we should add the private arrangement to the Consent Order or if it would be declined by a judge since the payments aren't as high as the CSA guidelines.

Is it best to leave the CM arrangement out of the CO to ensure it passes through the court??

Many thanks in advance.

Robert,
As I understand it, the court has no juristriction with regard to child maintenance. This is solely the domain of the CSA. CSA don't issue guidelines. It is set in stone. 15% of nett income for one child, 20% of nett income for 2 children and 25% of nett income for 3 or more children. Nett income being after tax, NI and pension contibution.

Afraid it is down to mutual trust (Oooeeerr!) to maintain that 'private' arrangement. If your soon to be ex wife wants to throw you to the lions at a later date, there is little that you can do about it.

Mike

Thanks Mike.

I seem to hear many conflicting things....no wonder there is so much confusion.

I believe she will throw me to the lions once the divorce settlement has gone through.

I think you can probably add extras (such as payment for school fees) to consent orders, but Mike is correct. The CSA amounts are set in stone and she can ask for an assessment at any time, whatever you agree, even if the judge does let it go through.

Sadie

I have a similar situation. I have added CM to the Consent order and phrased it as " I will pay CM in accordance with CSA guidelines". I thought it would only come back and haunt me if I didn't. To be honest the CM is a lot for me but it is the SM which I truely begrudge paying (I am the innocent party here). So, I negotiated a low SM and was upfront about the CM.

Also school fees and how they are paid has also been written in the CO, as has the calculation for further education fees as I do not want her coming back to me again and again.

Hope this helps.

Hi there

The court does have jurisdiction in resepct of child maintenance but only where both parties consent to it...which is clearly the case if you are doing a consent order.

A judge is unlikley to question the rate if it is reasonable in all the circumstances of the case.

You should be aware however, that 13 months down the line either of you can make an application to the CSA regardless of whether the order has been stuck to or not. It is therefore only protection from the CSA for just over a year.

Amanda

Sorry to hi jack this thread, but I am a bit worried about the amount of CM 'being set in stone'

My youngest chlid is living with his father. (16 and going to college) According to CSA rules I should be contributing £200 per month. However if I do this I will be unable to support myself. (unless I dont eat!) My x earns much more than me and is more than able to cover all the household costs iwith money to spare. My x doesnt seem to care that I will be unable to survive financially and is determined to push through the claim for CM

I just wondered if there is ever any variation to this rule due to financial situations?