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Consent Order after 12 months

(4 Posts)
Da1sycha1n Tue 28-Feb-17 16:59:17

Really hope someone can help with this please.

Exh and I settled our divorce and had a Consent Order signed off by a judge in February 2016. Part of the agreements were £x child maintenance per month per child paid to me until the child is 18.

I received an email the other day, a few days after the maintenance was due saying 'as we've now reached the end of the twelve month maintenance as agreed by the court I am reducing the maintenance by £300 per month. If you're not happy with this I will go down the CMS route and you'll get even less".

I replied saying I didn't agree and it was a breach of the Court Order. There's been no material/economic change to his circumstances and I genuinely believed the Consent Order would remain in place for the future.

It seems to me now that he only ever intended to pay the agreed amount for 12 months, although he signed a statement of facts saying he'd pay until they were 18.

He paid nothing on the day the maintenance was due and has only just paid the lesser amount now. He now intends to self refer to the CMS for a review.

Any advice about what - if anything - I can do.

Thanks smile

GreenGoblin0 Tue 28-Feb-17 18:18:49

he is correct that the court general only has jurisdiction over child maintenance (as opposed to spousal ) for one year. after the year he can apply to the cms for a reassessment. he has to apply for them to reassess though he can't just reduce the payments otherwise he will be liable for arrears.

www.ellisonssolicitors.com/news/latest/child_maintenance_and_the_12_month_rule

MrsBertBibby Tue 28-Feb-17 19:12:12

The consent order remains enforceable until the CMS have reassessed.

Did you also get nominal spousal maintenance?

Da1sycha1n Tue 28-Feb-17 20:33:51

Thanks for your replies. I thought this was the case so was half expecting him to apply for a reduction but not to just stop paying. He also only paid 11 of the 12 months.

I didn't get spousal, just child maintenance.

What evidence will he have to supply to get a reduction please?

I'm annoyed at the whole 'now the year's done' attitude, as though he never had any intention of paying the agreed amount for longer than a year.

The money incidentally only pays for the children's travel to and from him EOW, he expects me to pay all of it and has never contributed to it.

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