Divorcing and maintenance orders - why only valid for 12 months?

[vole3]

Currently going through the process (or should i say mill) and letters being drafted.

X has stated that he will continue to provide the financial input to maintain DS aged 4 in his current home and lifestyle. To do this he will contribute what equates to 30% of his net earnings, which is over and above what the CSA would order, but without it we would not be able to stay where we are.

Sol has said that any order is only valid for 12 months and after that CSA would have to be involved if any problems and amount would decrease significantly. There would only be a nominal order for spousal maintenance as we earn approximately the same currently, but I will be losing earning potential inside the next year due to changes being made to work pattern and loss of unsocial payments.

So, 2 questions really:-

1 Why are orders only valid for 12 months if they contain wording that the order is to have effect until DS is aged 18 or ceases full time tertiary education

2 What can I do (if anything) in the wording of the order to ensure that DS and I don't end up a year from now being in the position of having to sell up with little equity to finance buying a new home.

Usually the CSA has jurisdiction and the courts cannot impose or vary an order for child maintenance but a child maintenance agreement can be included in the overall divorce settlement. The 12 month rule is that a year after the date of a consent order either party may apply to the CSA for an assessment and two months later the order will cease to have any effect with regard to child maintenance. The good thing about that is if circumstances change it saves the expense and hassle of returning to court to vary child maintenance.

Child maintenance included in a consent order remains valid and can be enforced like any other debt until the order ceases to have any effect.

If there is a nominal order for spouse maintenance and circumstances change it's possible to apply to court to vary the order. Alternatively you could discuss with your solicitor the possibility of agreeing child maintenance at CSA rates and your husband pays anything over and above as spouse maintenance. That could benefit both parties if it minimises the chances of having to return to court in the not too distance future.

It's actually 3 months after the notice is given that the CSA would come into effect. The order will remain in force until the CSA take over jurisdiction.

Ask your solicitor about a Segal order. It is spouse maintenance, but he is entitled to treat any CSA maintenance he has to pay as payment towards this. It gives you longer certainty than a 15 month arrangement. I don't know though whether the offer of maintenance over the odds was on a temporary basis only.