Effect of redundancy on child maintenance order

I think I have a Clean Break as to capital but not for income. I believe this is the norm.
So I am concerned that the judge may decide the money is income in his eyes.

Any thoughts on this?

PS I've changed the heading to be more meaningful.

Z

Hi there - I see it is a while since this was posted, any update on how this panned out for you?

T here is no substitute for independent legal advice about the particular circumstances. Spouse maintenance ends on remarriage of the recipient. If child maintenance was agreed as part of a Consent Order settling the finances on divorce either parent can normally apply to the CSA/CMS 12 months after the date of the order and the consent order will cease to have any effect with regard to child maintenance. The exceptions are when the order predates March 2003, there are step children, one parent lives abroad or children over 18 in education or training.

An order for school fees doesn''t come under the remit of the CSA/CMS. If circumstances change and no agreement can be reached between parents to change the amount you would need to apply to court the vary the order. The courts would consider the financial position of both parents and the child afresh (see Schedule 1, Children Act 1989), and there is the discretion to take redundancy payments into account. If someone can afford to pay schools they may be expected to continue payments. On the other hand it isn''t possible to get blood from a stone and if neither parent can afford it the children will need to change to a state school.