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Consent order child maintenance

(10 Posts)
Stuck123 Tue 16-Jun-15 19:27:55

I have a consent order where child maintenance has been agreed to pay for each child until each child has turned 21 providing they go to university. After 12 months I have read that my x can go to the CSM and have that reviewed. This could mean the amount paid is reduced. Can I appeal this and take it back to family court? And what happens to the age limit of 21 as CSM only cover 20 and that's only if in full time education which doesn't include university. I have 2 children and one will turn 18 next year so could he then if he goes to CSM stop paying all together and just pay for the younger child? Please help

Stuck123 Tue 16-Jun-15 20:36:54

Cms not CSM sorry

prh47bridge Wed 17-Jun-15 00:44:20

No, I'm afraid you cannot appeal and take it back to the courts. The courts cannot overrule the CMS calculation.

You are correct that maintenance stops once your children have completed their A Levels. If your children want maintenance from your ex while they are at university they can apply to the courts themselves.

Stuck123 Wed 17-Jun-15 06:27:06

Thank you, my solicitor never told me about this. We went to mediation to agree child maintenance and its not worth the paper it's printed on.

Stuck123 Wed 17-Jun-15 07:11:18

Is there any wording in the consent order that can mean what we agreed stands and he can't go to cms?
I was never told about this when we went through mediation or the solicitor.
Thanks

prh47bridge Wed 17-Jun-15 07:37:22

No, there is nothing you can put in a consent order to prevent him (or you) going to the CMS.

Pinkandpurplehairedlady Wed 17-Jun-15 07:40:11

I was told the maintenance included in the consent order is only binding for 12 months then either party can go to CMS to have it reviewed.

Stuck123 Wed 17-Jun-15 07:40:37

Is there anything in the order than can prevent him from going to the CMS any particular wording. Or is it really not worth anything? My solicitor did not inform me of this, if I had known I would have let the CMS deal with it and negotiated a better settlement

Stuck123 Wed 17-Jun-15 07:44:19

Ok thank you, just feel misadvised by my solicitor. There are other factors in the order that are at risk based on the maintenance which I can't put on here just in case my x reads it. But basically I'm not protected at all :-(

TheFairyBlackstick Wed 17-Jun-15 13:15:21

Pace prh47bridge, the information in the link below suggests that you can make a court claim for continuing maintenance for education on behalf of your child, but that it must be done before the child turns 18. Thereafter they would have to make their own claim.
It might be quite hard emotionally for a young adult to make their own claim against the other parent, so your best bet might be to put in a claim for them before they turn 18.
www.fishermeredith.co.uk/legal-advice/3674

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