Error in consent order

[nocake]

I'm posting for advice on behalf of a friend.

She and her ex agreed a consent order when the divorced last year (less than 12 months ago). An error has now been found in the consent order. In one of the paragraphs after the "IT IS ORDERED SUBJECT TO DECREE ABSOLUTE:" it states "The petitioner do upon the youngest child Erica Bloggs, DOB 13/02/1993, attains the age of 16 years old..."

The error is that Erica Bloggs isn't the youngest child. She is the second child.

Is the entire consent order now un-enforceable? If not, which bits are un-enforcable? What should my friend do now?

It can be amended under the slip rule. Both parties can write in to court to get it changed. If the other party doesn't agree to alter it, the judge will list a short hearing. Something like that will be altered.

Agree with Resolution.

The solicitors will get together, agree the amended wording and send an amended version of the order to the court with the new wording just handwritten and underlined in red and the court will stamp it next to the amendment together with a note stating that it's amended as from whatever date.

It's really not a big deal, as it's obviously just a clerical error.

Are you able to advise: My ex husband and I signed the consent order but in September of last year he reduced the maintenance payments as there is a clercal error in the date, it should have read Sept 2012 but read Sept 2010. He knows this but is not willing to change it, I have emails stating the correct date from him and a signed draft consent order, will a court rule it can be amended and if so will he have to reistate immediately, pay back overdue payments and pay the legal fees ? Many Thanks

You'll find the court on your side. Just write or email him asking him to agree to amend the order under the slip rule. If he doesn't agree, issue an application on notice and attach to it a statement exhibiting the correspondence showing the correct date.

See a solicitor if you're unsure. You should get your costs back if you win.

thank you for the advice, ex wouldn't agree to amendment and I applied to the court to which there is a date set for next month, sadly in the meantime my ex has discovered that he can apply to the CSA to re assess his child maitenance payments and is claiming that he financially supports his new partners child, therefore taking 15% for his partners child, off his net income before the 20% for his OWN two children. I don't understand how this is allowed to happen, his partners ex pays maitenance for her child and yet he can claim for her also...how unfair for his own children, and only 5% extra for a second child ? I understand from the CSA that there is nothing I can do about it, that is how it is calculated and that they take percedence over any court order. I would like others to be aware that after 1 year and 1 day anyone can apply to the CSA regardless to the fact that there is a signed and sealed court order...makes a bit of a mockery of the law really, and where is the protection for the children !!!

Child support is a blunt instrument although you may find the deductions for your ex's new family make little or no difference. Under CSA rules not only are there deductions for the new family but also when the non resident parent earns more than their new partner the family's Working Families Tax Credit should be added to the NRP's income before the usual calculation.

Didn't know that STIDW (tax credit thing). unlikely to bd mch TC though.
He must give 3 months notice of his intention to go to the CSA.

Btw I have to change my name.

In the past even some CSA staff didn't know about the 12 month rule conditions or tax credits and it was necessary to demand to speak to someone else more senior and better trained to get anywhere.

Rule 11, Part IV Child Support (Maintenance Calculations and Special Cases) Regulations 2000 sets out the position in relation to WFTC. When the NRP earns more than their new partner the CSA include their WFTC in the child support calculation. If the NRP and their partner's earnings are the same, half of the WFTC is included in the calculation and if the NRP earns less than the new partner WFTC isn't treated as income.

Shame about the name, Resolution. Sadly some people persecute and judge lawyers before they get to know them. How about changing your name to Shrek?

On second thoughts perhaps that isn't such a good ideas - it might be perceived as promoting green ogres.

If a consent order states additional payments for childrens activites and school trips, would this be enforced over and above the CSA assessment figure...they don't seem to know, they said as it doesn't state child maintenance it is a matter between us.....he is saying it is part of the CSA assessment ?? Thanks

I'd view this as child maintenance.