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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Consent order enforced by court for Child Maintenance

0 replies

Mango22 · 04/03/2017 18:30

Hi all

My ex husband is pursuing a CSA assessment as per our consent order. The order is dated February 2009 and he is therefore entitled to do this as the order is over 12 months old. The only thing is the order is logged with the family court due to past arrears and he currently pays the monthly maintenance to the court who pay me.
In the meantime my ex husband has instructed the CMS to carry out an assessment which will benefit him as he is self employed and works with cash all the time. His earnings logged with HMRC will not be his actual earnings, resulting in a huge reduction in the maintenance, which isnt too great anyway!

My question is: Are the CMS able to carry out an assessment whilst the court have the authority to enforce the order? I have called the CMS and they don't know the answer!
Has anyone experienced this before?
Many thanks

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