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Consent Order (2002) complete??

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Chain101
Posted by
New Member

07 Jul 18 #502634 by Chain101

Topic started by Chain101

Good afternoon,

I have a Consent Order that has just finished in June due to my son being 18 and leaving school.

He is looking to go to uni in September and I have offered to pay more than his current maintenance payments to assist but these will be paid directly to him.

Ex wife is extremely unhappy that I have stopped maintenance and is threatening to take me to CMS.

Can she do this legally?

From a brief search on the internet, I don't think she can as the order is dated 2002 but it does say that she can approach the courts.

On what basis would the courts extend the order?

spinit
Platinum Member

07 Jul 18 #502637 by spinit

Reply from spinit

It's complete.

The CMS wouldn't be interested because the child benefit will stop in September of this year after he has left secondary education.

One year after the date of the court order either party can go to the CMS and their decision overrides the courts but given you son's age and the fact he has left school as I said it's a non starter.

"Ex wife is extremely unhappy" - She should probably move on as this is a waste of her time and energy.

WYSPECIAL
Moderator

08 Jul 18 #502647 by WYSPECIAL

Reply from WYSPECIAL

Chain101 wrote:

Ex wife is extremely unhappy

A long standing source of income has ended. She is unlikely to be happy but she knew the details of the arrangement and when it ended.

If she goes to CMS that will end in September anyway.

Child Maintenance Options
Moderator

09 Jul 18 #502670 by Child Maintenance Options

Reply from Child Maintenance Options

Hi Chain101

If a Consent Order dates back to before April 2003, then law does not allow parents to change over to the child maintenance Service. Only the courts can arrange child maintenance in such circumstances.

With regards to the court extending your order, this is something you may wish to seek legal advice for, as they can confirm whether or not this would be possible (and under what conditions if so).

You may be interested to know that the Department for Work and Pensions (DWP) have a website, Sorting out Separation. It aims to make it much easier when you are separated to find the support you need, when and where you need it on a range of concerns, including, money, housing, employment, legal and parenting apart. You can view the website at www.sortingoutseparation.org.uk/.

Kind Regards

William

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