Child Maintenance as part of consent order?

[WhatsTheStoryThisTime]

Going through divorce process and at the stage of completing Form E.
Im hoping to agree child maintenance as part of the financial consent order (ExH currently pays around half of what the CMS calculator suggests based on his monthly income but I can’t go through CMS as he pays himself a ‘minimum wage’ via his high earning limited company and I’ve had threats that he will have to pay nothing)
Anyone had experience of having a maintenance order granted as part of the consent order) ?

It can go in the consent order, but after 366 days (one year and one day), the NRP can apply to the CMS, and this will automatically negate the child maintenance portion of the consent order. It will then revert to the CMS amount and they will handle the CM.

Talk to your solicitor about whether he earns high enough so you can do a separate court case for child maintenance. I know a couple of people who have.

The consent order has to be agreed upon between the parties so if he doesn't want to pay the correct CMS he won't agree on a consent order either. As PP said, even if he were to agree, after 1 year any party can go to the CMS.

You can ask CMS to look further at his earnings. If he is taking dividends they can take them into account. Dont be swayed by what you hear. Get it straight from the CMS. Call them and ask them for advice on what they can do if he tries to hide income by psying himself minimum wage and taking dividends.

It's a complete nightmare, I've been through it. You will basically have to rely on the father of the child feeling generous and a gentleman, which he will never do as that's why you're not with him in the first place. I gave up. The government are useless. Since the CSA was abolished we're supposed to negotiate ourselves, and negotiation with an absent father is pointless. Because ..why should they..? In the meantime we will carry on bringing up very capable children, I promise.

Thank you for all of your responses.
so it seems that even if an order could be agreed via divorce negotiations, it would only stand for one year anyway?

if I ask CSA for a calculation (I’m assuming they’d have to inform ExH of this?) then I’m opening up a massive can of worms as he’ll become abusive (again) and maybe realise he can actually give us less.

I feel like I’m stuck between a rock and a hard place 😞. The whole system is built for men escaping their responsibilities.

Hi,
I am in a similar situation. I have tried to go through CMS but they can not help me as my exH is employed by a foreign company and does mot pay UK tax. So even though he earns thousands ££ per month they say he can not afford to contribute. I am also wanting to get CM through court but my solicitor isn't hopeful.
I have got the CM investigation team on the case but I know it won't help my situation. Maybe it could help you if the investigation team can prove that he earns more than he is claiming to

I hate this situation. What kind if man won't pay towards his children. Makes me so sad.

Good luck x

@MrsDancer just realised I have replied to your other thread re 50/50 contact - we could be living the same life!
How far along in the divorce process are you?