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12 month rule

Child Maintenance Options
Moderator

22 Sep 14 #445086 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Vintagegarters

If the Consent Order was made after March 2003 and maintenance is still liable under the child maintenance Service’s jurisdiction, that Consent Order would be rendered invalid by starting a Child Maintenance Service arrangement. The receiving parent would not then be able to return back to the original court order after the Child Maintenance Service arrangement expired.

With regards to your husband’s eldest daughter, if she is now at university, she would not be eligible for child maintenance. That means the Child Maintenance Service would not be able to accept an application for her and your husband would have to abide by the rules stated in the Consent Order.

However, he could start an application with them for his younger daughter. And he could go back to court and try to have the terms of the Consent Order altered regarding his eldest daughter.

You can contact the Child Maintenance Service directly for further clarification on this matter, www.gov.uk/child-maintenance.

You may wish to consider getting some legal advice, Civil Legal Advice may be able to help you with this, www.justice.gov.uk/legal-aid.

Regards

William

Vintagegarters
Posted by
Junior Member

22 Sep 14 #445102 by Vintagegarters

Reply from Vintagegarters

Thanks William, but the CMS gave me the opposite advice when I called them. They told me that we should call them *after* the eldest went to uni and that engaging them would totally negate the content of the consent order because the consent order wouldn''t be applicable once one child was being covered under CMS regulations. We are still waiting to hear back from their mother after her threats to sue, and if we haven''t reached resolution amicably by that point we will alter the payments and tell her to take us to court if she believes we are being unfair.

jdkennedy
New Member

20 Jul 20 #513357 by jdkennedy

Reply from jdkennedy

Hi

I’m in a similar position, did you get an answer to this? Does a CMS application after 12 months completely overrule the court order requirement to pay until the end of the first degree?

WYSPECIAL
Moderator

20 Jul 20 #513358 by WYSPECIAL

Reply from WYSPECIAL

You've replied to a post that is years old. The poster is unlikely to still be active on here.

Probably better to start your own thread.

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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