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over riding a consent order

(3 Posts)
Warrior1 Wed 22-Jul-15 22:59:17

Although child maintenance options have said this is possible I'm still fretting a little....when my husband and I divorced amicably (ish) 5 years ago, I very very stupidly said (out of guilt) that I would not need child maintenance from him to help financially raise our son (who is now 13) and so this was set in stone in a consent order. However, now as my circumstances have changed, I need financial support from him to help raise our son. Child maintenance options have said as long as our consent order has been in place for more than 1 year and 1 day it is possible child support will over ride the consent order. Is this really the case? I know I'm fretting here because over the last few years my ex has become rather bullying towards me and I think this is part of my punishment for wishing to end our relationship, and I think he will be reluctant to contribute financially. All comments appreciated.

IFancyRichard Wed 22-Jul-15 23:03:22

Consent order lasts for 12 months. You have been advised correctly

millymollymoomoo Thu 23-Jul-15 08:47:00

legally you have been advised correctly.

Was your financial award greater from the divorce because of this i.e. you got more up front to offset this? if so, I think it has the potential to be 'unfair' if that is the case. (from a moral not legal view)

However, in principle I think he should be contributing monthly and you are within your rights to seek support for him. On what basis will he object to contributing towards the financial cost of his son??

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