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Child maintenance after consent order

  • Mr Smiley
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01 Apr 20 #511992 by Mr Smiley
Topic started by Mr Smiley
Another maintenance question ...

I am always paying the agreed amount at the end of each month. The Consent Order came into effect on the 4. of Mai 2019. The 12 months since the consent was sealed (and incidentally the last year I have to pay) are nearly over.
As far as I understood the maintenance agreement in a consent order is only valid for 12 months. Is that correct?
As the agreed amount in the consent order is pretty high, espicially considering the current situation, I want to have a recalculation as soon as possible.
I'm aware that after the consent order a recalculation with csm can be done whenever she opens a case with them.
If I make the last payment on April 30.2020 can she make a claim for enforcement through the court as the court order was sealed at the 4. of May?
As I'm always paying in arrears she would find out on May 31. that I stopped paying.
I just want to make sure that she can not make a court order anymore after that, but only can go and open a case with csm.

  • WYSPECIAL
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01 Apr 20 #511995 by WYSPECIAL
Reply from WYSPECIAL
Mr Smiley wrote:

Another maintenance question ...


As far as I understood the maintenance agreement in a consent order is only valid for 12 months. Is that correct?


No that is not correct. Check the order it will tell you when it ends. It can be overridden by an application to CMS once it has been in place for 12 months.Until it is ended by CMS assessment though it remains in place and is both payable and enforceable.

As the agreed amount in the consent order is pretty high, espicially considering the current situation, I want to have a recalculation as soon as possible.


You will need to apply to CMS then and get an assessment

If I make the last payment on April 30.2020 can she make a claim for enforcement through the court as the court order was sealed at the 4. of May?


Yes she could, and almost certainly will.

As I'm always paying in arrears she would find out on May 31. that I stopped paying.
I just want to make sure that she can not make a court order anymore after that, but only can go and open a case with csm.


As above. She will be able to apply to court for enforcement. You also need to consider how suddenly finding out you haven't paid will affect your children, and your relation with them and your ex.

If you would prefer your case to be dealt with by CMS then do it properly. Wait until the 12 months are up then apply, and pay for, an assessment. Once this is done and in place it will override and end the court order.

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