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Child maintenance variation as losing job

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pinotnoir1966
Posted by
New Member

15 Jun 18 #502295 by pinotnoir1966

Topic started by pinotnoir1966

Hi, I had a variation of spousal maintenance and child maintenance 2 years ago when taking a big reduction in income when losing a well paid job. The terms of the arrangement for child maintenance was that I pay 1,000 GBP per month for my two children irrespective of the CMS calculated figure. This was agreed through a Consent Order. Unfortunately I will be losing my job at the end of August. I will of course be looking for new work but worry I may not find work for quite some time. If I wish to seek to vary spousal and child maintenance again (due to having a change in financial circumstances) am I right in saying that 1 year after the signed consent order the child maintenance aspect would be referred to the CMS, i.e. I could seek to follow the CMS rules based upon my new circumstances and not necessarily be bound by the fixed 1,000 GBP per month agreed 2 years ago. Any advice warmly welcomed!

spinit
Platinum Member

15 Jun 18 #502296 by spinit

Reply from spinit

That's correct, the court order is valid for one year and then either side can apply to the CMS for a fresh calculation.

The way courts try to get around this is by making a "global" maintenance order so if the child maintenance is reduced the total maintenance would remain the same. I'm not sure but I think global orders can only be granted by consent.

It's easier I think to deal with the CMS rather than the court for child maintenance however given spousal maintenance is a component of income, not capital, if you don't have a job you may like to consider a downward variation for spousal maintenance.

Child Maintenance Options
Moderator

15 Jun 18 #502297 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Pinotmoir1966

Any Consent Orders that were endorsed after March 2003 are not legally subject to change unless they have been in place for at least 12 months. After 12 months, either parent can apply to the Child Maintenance Service and the Consent Order will no longer be valid.

The Child Maintenance Service are the Government's statutory maintenance service and can either calculate your child maintenance, then leave you to arrange payments between yourselves, or they can collect payments and pass them on for you.

If you decide to ask the Child Maintenance Service to arrange your child maintenance for you in the future, your responsibility to pay will start from around the point that you are contacted by them, or you contact them.

If you feel that you can agree and discuss child maintenance yourselves, there is a further option known as a family-based arrangement, which is an agreement between parents without the intervention of the Government or Legal system.

If you would like any further information about the Child Maintenance Service and the fees involved with this, and to receive a more personalised service, you can contact Child Maintenance Options directly.

Regards

William

pinotnoir1966
Posted by
New Member

25 Jun 18 #502435 by pinotnoir1966

Reply from pinotnoir1966

Hi, I do in fact have a "global" worded consent order which covers 1,000 GBP per month for my ex-wife's maintenance and 1,000 GBP per month for child maintenance (worded as 1,000 per month even in the CMS calculates something lower). It the child maintenance element I would wish to be taken over by CMS and simply pay the amount calculated by CMS as it will definitely be lower than 1,000 GBP due to my much lower income going forward.

Even thought the wording is "global" and the consent order is now 2 years old, I can still apply to CMS to determine the child maintenance aspect of the consent order?

Child Maintenance Options
Moderator

25 Jun 18 #502438 by Child Maintenance Options

Reply from Child Maintenance Options

Hello pinotnoir1966

As long as you, your ex-wife and your two children reside in the UK, your Consent Order has been in place for at least 12 months and was ratified after March 2003, the Child Maintenance Service can override the child maintenance aspect of your Consent Order.

For a more personalised response, you may wish to contact Child Maintenance Options directly at www.cmoptions.org.

Regards

William

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