Consent order and 12 month CMS review

[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?

The CMS cannot give you legal advice. But no, claiming through them will not void any other aspect of the consent order.

Thanks

I’ve also emailed the court to ask them to confirm this

The court staff can't give you legal advice either. If you feel you need official confirmation you will have to engage a solicitor. But it really isn't necessary. Going to the CMS only affects child maintenance. it doesn't affect any other part of the consent order.

Pension contributions are excluded from CMS calculations. Is the new salary figure you quote after pension?

To be honest I don’t know - I strongly suspect he’s earning considerably more than two years ago. No idea what he’s paying into his pension.

If he's paying regularly then I'd be tempted to leave things as they are as CMS take a percentage of the money if they become involved.

If he's paying regularly then I'd be tempted to leave things as they are as CMS take a percentage of the money if they become involved.

CMS take 4%. They also charge the paying parent 20%. So if they calculate that maintenance should be £100 per week, the paying parent will pay £120 per week and the parent receiving maintenance will get £96 per week.

These fees can be avoided if, once the CMS has calculated the amount, the paying parent pays the receiving parent direct, e.g. by standing order. They are only payable if the CMS collects the money.

Have you asked him if his salary has increased?