Adding CM to Consent Order

Hi, my partner has recently divorced but his ex wife is pursuing a Consent Order so that she can obtain a mortgage that will take into consideration the maintenance payments. My partner has effectively handed all of the assets from the marriage over to her and the maintenance payments are around three times as much as she is entitled to unders CSA guidelines. They have agreed matters between themselves but he is concerned that if circumstances change and he is not able to continue paying maintenance at the current level that she will have recourse to the court to force him to pay. Would that be the case if such a situation arose?

Hi there

LilyRose, that is the downside to the CSA...they do set the percentages in stone and do not deviate from them.

Vegas, if the maintenance is in the order as CM, the reply above applies and he can ask the CSA to assess him once the 13 months is up. Be careful it is not expressed in a consent order as SM as that would require an application to court for variation.

Amanda

Sorry but I don't think there is. Unless your ex is to "let you off" with paying so much and you come to an agreement between you.

It does not matter even if he was a millionaire, you would still be required (if pursued through the CSA) to pay the amount stated.

I also could not afford the CSA payments and to house and feed myself so have suggested my ex take the house and most equity and let me off. To be absolutely honest, if she purues me via the CSA, I will give up work. I refuse to work all hours and still live on nothing. My rent is as much as the mortgage on the marital home. I could move out of my one bed flat and into a bedsit and afford to eat, but how good is that when you have three boys over to stay at weekends???

Lilyrose....I also must stress that if you come to an agreement with your ex, it is not set in stone. You can even put it inot your consent order if you both agree. It is only set in stone if you cannot comprimise. Good luck.