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Consent order - Child maintenance

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trigirl
Posted by
Junior Member

08 Jul 13 #400422 by trigirl

Topic started by trigirl

Hi there

I paid for the Fixed Price with Consent Order divorce via Wikivorce and my Absolute came through at the end of April. In the Consent Order it said that my ex will pay me, ’£*** per month until the children leave full time education’, he agreed to this and has been paying me this since we separated in January 2010. The family home was sold in April 2012 and we split the equity 50/50. I have since bought a house for myself and the children with a combination of the equity (£32k), a mortgage and a large loan from my Dad. Our children are 8 and 4. I work 2.5 days a week and earn £14,500, he works full time and earns just over £40k, he is currently living with his parents paying £200 a month, due to the fact he gambled all the equity.

I have heard that after a year he can go to the CSA and ask for the maintenance to be recalculated. Is this right? He is paying me above the CSA guidelines but has agreed to this and signed the consent order. I am not getting spousal maintenance.

Many thanks

maisymoos
Platinum Member

08 Jul 13 #400430 by maisymoos

Reply from maisymoos

Hiya yes after 12 months your ex could go to the CSA and ask them to calculate child maintenance. This would overnight the child maintenance part of the consent order.

Child Maintenance Options
Moderator

16 Jul 13 #401183 by Child Maintenance Options

Reply from Child Maintenance Options

HI Trigil

I am William the Child Maintenance Options consultant. Once a Consent Order has been agreed and authorised, your ex-husband is legally liable to pay the amount the court has endorsed. However, the court does not monitor or collect payments. Therefore, you will need to seek legal advice for any missed or reduced payments, unless you are happy to accept them. After twelve months either you or your ex-husband can make a claim to the Child Support Agency and this will cancel out the Consent Order. You may wish to look at the following link: www.gov.uk/find-a-legal-adviser for further information.

I have done a calculation based on the information you gave us, I estimate that your child maintenance payments may be in the region of £154 a week.

We take the following factors into consideration when working out your estimate:

the net weekly income of the parent without the main care: £769
the number of children that the maintenance will be paid for: Two
the number of nights a year, on average, the parent without main care has the child for: Zero
the number of other children living in the parent without main care''s household: None
does the parent without the main care receive benefits?: No

If you do not agree with this calculation or you would like to do your own, you can use our online calculator via the following link: www.cmoptions.org/en/calculator to see how much maintenance you may be entitled to receive.

There is a Sorting Out Separation web-app on this website at that you may find useful as it offers help and support to separating families.

To find out more about how Child Maintenance Options can help you visit cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.

I hope this helps.

William

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