Challenging a Consent Order

[NewYearNewMinty]

Tbh I doubt there's any mileage in this but thought I'd ask here before contacting my solicitor.

I divorced my XH on grounds of unreasonable behaviour (emotional abuse) back in 2017. We agreed a consent order which we had drawn up by our solicitors for a 55/45 split in the equity on our home in my favour.

At the time my solicitor advised that I could go for as much as 70% as prime carer (DD has never stayed regular overnights with her Dad due to the circumstances of our split).

I also opted not to take his pension into account as it wasn't a significant sum (I believe about 20k) and most of it was accrued before we married.

I didn't push for more at the time as I was keen for him to have enough to purchase a small place for himself (we had a lot of equity, his 45% was in excess of £100k).

Instead he immediately moved in with his girlfriend, so has never had to that money to provide an second home for our daughter.

Not a problem, except DD is now 17 and he absolutely refuses to contribute more than the princely sum of £200 per month maintenance despite the fact that her expenses have gone up considerably, particularly this year with driving lessons and uni open days to fund. He pleads poverty if I ask for anything additional, despite having an overseas holiday booked this year and having made a significant purchase in excess of £20k last year.

I've also had to give up work to become a full time family carer.

I'm not asking for much at all...just a contribution to her driving lessons (my parents have already paid for a chunk) and to go 50/50 on the costs of taking her to open days (he's already told her he sees no point in going with her to any himself).

I'd also like to ensure that he continues to contribute something once she is at university.

I've no interest in fleecing him or subsidising me (I'm job hunting and trying to get freelance work atm and went from p/t to f/t work after we divorced to provide for DD) but don't see why he should get away with not providing for his child, particularly since atm it means my now widowed 82yr old mum is having to help us out.

Is it worth seeing a solicitor for advice? I'm thinking probably not tbh but it's so infuriating that he can get away with this.

CMS until she leaves school. Unlikely to get anything from him re University (there have been cases where in this situation your dd could make her own claim for support from him, but he would have to be earning big bucks and would likely cost a fortune to get to court.

Unfortunately you can both choose whether or not to pay for things like driving lessons, open days etc. My ex never paid a single penny over cms for either child.

I'm afraid the courts won't help you. There is nothing here that gives you any basis to challenge the consent order and the courts cannot order child maintenance except in limited circumstances which do not apply here. However, you can go to the CMS for child maintenance. As it is more than a year since the consent order, their calculation would override the order. Once your daughter has finished her A-levels you will no longer be able to get child maintenance from him, but she may be able to claim support for herself through the courts.

My though was that it might just fall into the category of...

"New events took place since the original consent order was made which invalidates the basis upon which the order was made, and these happened within a year of the Consent Order being finalised."

I. E. that XH moved in with girlfriend (who was on the scene when the CO was drawn up) when I agreed to the CO on the basis that he would need as much equity as possible for a deposit on a place of his own.

In actual fact his gf now barely works so he is supporting her at the expense of our daughter.

I agree it's probably not a goer...I think typeface it was a lump sum agreement probably puts the kibosh on it further. It's bloody infuriating though.

@NewYearNewMinty

My though was that it might just fall into the category of...

"New events took place since the original consent order was made which invalidates the basis upon which the order was made, and these happened within a year of the Consent Order being finalised."

I. E. that XH moved in with girlfriend (who was on the scene when the CO was drawn up) when I agreed to the CO on the basis that he would need as much equity as possible for a deposit on a place of his own.

In actual fact his gf now barely works so he is supporting her at the expense of our daughter.

I agree it's probably not a goer...I think typeface it was a lump sum agreement probably puts the kibosh on it further. It's bloody infuriating though.

Even if the court agreed that was a Barder event, you could only use it to vary the order if you applied to the courts promptly. As you didn't, I'm afraid it is too late now.

Even if the court agreed that was a Barder event, you could only use it to vary the order if you applied to the courts promptly. As you didn't, I'm afraid it is too late now.

More fool for me for thinking that XH would have his daughter's best interests at heart I guess .