Does a CMS claim 12 months + cancel a Consent Order?

[Hettyispink]

I signed a consent order in 2018 with a specific amount in maintenance to be paid for my children, based on my Exes salary of approx £51,000 a year. That was the figure he gave in disclosure at the time.

It now appears that the figure wasn’t accurate (skewed by very large pension contributions) and he has also been promoted since - so his salary now is likely to be about £60,000 to £65,000.

I’ve spoken to the CMS, who confirm that as it’s over 12 months they can override the previous child maintenance figure in the Consent Order - BUT they were unable to advise me if claiming via them would void other aspects of the Consent Order, such as how long we are able to live in the former marital home. I’m concerned that if I persue my Ex via CMS that he will look to sell the house.

Can anyone advise on this?

CMS only deals with the child maintenance aspect and nothing else in the Consent Order. They can't advise because they aren't lawyers and are not party to the full contents of the Consent Order.

When you agreed your Consent Order it should have been explained to you by your solicitor in what change of circumstances one of you can go back to Court and get it changed. Your solicitor should have also advised you that after 13 months either of you can go through the CMS for Child Maintenance.