Breach of consent order - what next?

[happybut4theex]

Hi
My ex and I have a sealed consent order which was put in place at the time of our divorce six years ago. It specifies the amount of child maintenance he should pay and also sets out how this amount should increase (automatically every year in line with inflation or salary increases whichever is the greater). He has never varied the amount and I am aware that he has had significant pay rises since the order was put in place. I've asked him to review the situation and he's doing his best to pay as little as he can. What is the best (and most cost effective way) of making sure he keeps to the order and am I at fault for not having raised this earlier? Hoping someone can offer some advice! TIA

Honestly go via CMS otherwise it's back to court.

Child maintenance service. Call them first thing on Monday. Court order for CM is only valid for one year, after which either side can reapply via cms.

Only if you're sure that his salary has increased though.

And they don't back date it. Whether or not you could get the court order backdated I don't know, but do know it will cost £££ to enforce.

I've just had a look at the 12m rule on the consent order and it seems that the order applies for 12 months then at least until a formal CMS referral is actioned (by either party) so I guess I need to be sure that I'll be better off going down that route first. Thanks for your help :)

In that case I'd go for the CMS route. If it comes back with a big increase I'd double-whammy it and go to court for enforcement of at least inflation rate, or an average increase over the last 6 years to current salary level.