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CMS application or not? Newly redundant ex cutting payments(7 Posts)
When my exDH got divorced (about 8 years ago) he told me what he wanted to pay in child support based on CMS recommendations for his wage at the time. I accepted and it was made into a consent order. After a year he tried to argue that a consent order only lasted a year so he was halving payments, and I had to get solicitors involved. He's always been very keen to pay only what he has to for as short a time as possible (ie wanted it written into the consent order to stop paying as soon as our youngest finished primary school, but was told that wasn't possible). He's also had several pay-rises since the consent order, but has never varied the payments. That's ok with me as I accepted a consent order rather than CMS.
He's recently been made redundant from his (senior management) position. I understand his income has evaporated and if he had historically behaved differently about money I'd accept this without question. I know the jobs market is a nightmare at the moment and I'm not a monster. However, as I said, he was in senior management and was with the company since he left school, so I imagine the redundancy payment would have been significant (if I ask he will not answer honestly). He's stated that now that he has no income, he will only pay me £10 a week.
I suspect that the consent order still stands, and that I could have it enforced by the court in the future if he got another job. I suspect this because someone I know was in the same situation and the court awarded back-payments for the entire amount once her DH had got another job. This is an expensive route though.
On the other hand I could apply to CMS. I am hoping they'd look not just at his current income but at his redundancy payment as an additional factor. The trouble with this though, is that as soon as I apply to CMS the consent order becomes invalid.
It seems that applying to CMS would be the most fair thing to do, as they will weigh up the whole situation. On the other hand, I know he's been paying less than what the CMS would have calculated for the last few years and it may be foolish to invalidate my own consent order.
I know I can't just leave it, but have no idea what route to take.
His redundancy may not be as much as you think because the statutory minimum is capped and very mean. A friend working in senior management is only getting £13k for 14 years work. American companies are particularly mean in my experience.
That said he should have been paying fairly throughout of course. The consent order does only last a year in my experience and even if worded for longer will have a redundancy clause
Surely the redundancy money has nothing to do with you? If you go through cms now when hasn't got a job how much would you expect to get?
CMS I think takes redundancy payouts into consideration as 'unearned income'. If I went through CMS now I don't know what I'd expect to get, but I'd have the reassurance that his situation has been assessed. I can't trust him to tell me this himself. Sounds like redundancy may not be at all what I expect in any case. Thanks both.
Depends on wording of consent order
If it’s just child maintenance I think that would now fall to cms jurisdiction as it’s more than 12 months ago
If it is a global maintenance which inc both child and spousal maintenance then that can be enforced ( although I’m sure he’d argue mitigating circumstances)
I dont believe redundancy is inc in cms . Have you rang them ?
The CM element in the CO order can be varied after 12 months.
However - in order to vary it a CMS claim has to be initiated. Only then can it be varied.
Redundancy payments are not viewed as income for the purpose of child support.
Redundancy payments are not considered income relating to child support
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