varying consent order

[suepercharged]

A year ago my (now) OH agreed a consent order without proper legal advice, in the midst of struggling with ill-health and his divorce. He agreed a clean break settlement and maintenance for his children, paid to his ex wife, until his children are 22. His sons are 18 and 20, and have left home to be at university and in work. His ex is now selling the family home, realising the substantial equity contained therein, and moving away. My OH lives very modestly close to the former family home and is struggling to meet his own financial needs month to month, as well as giving his kids money for extras. He wants to support his kids but he does not want to continue to fund his wife's over-extended lifestyle (which was one of the causes of the divorce). He would like to make his payments directly to his children. Is this reasonable and/or possible. He can't bear the thought of legal battles, nor can he afford it.

[STIDW]

I'm not a lawyer but I would have thought he is bound by the terms of order unless it is varied either by agreement or through the courts. The legal costs involved in a variation application are likely to make it not financially worthwhile going through the courts. Also there is no guarantee of success. Although university students may live away in term time it isn't unreasonable for them to be provided with a base and if the children are anything like mine they eat me out of house and home, stock up with supplies of food and toiletries and "borrow" my car, tablet etc etc.

[suepercharged]

Well... I think it depends... I have three of my own of the same age. The eldest doesn't come 'home' in holidays so much anymore, because he's making his life elsewhere. Also, OH would be very happy for his kids to stay with him in the holidays - and he already pays 'extra', helping them out directly when they ask or need it. In my case, my XH makes his arrangements directly with our children who are over 18 and pays me maintenance for the 17yr old. I think this is fine and appropriate between adults.

[RedHelenB]

But it's not what you think but what he's agreed in the consent order that counts! He can only get a variation if his circumstances have changed which by the sound of things that haven'y.