Consent Orders and CSA - Child Maint

[arfur]

Ok .... so here goes;

I have a Consent Order with my ex, that was approved by Court at the end of last year.

Suffice it to say that I essentially handed her a lot of stuff, both bricks and mortar and posessions. I also have paid a lump sum for clean break.

There is no periodical payments in the consent order

Now the interesting bit;

The kids live with me and not with the ex-wife.

So once all this consent stuff was approved I called the CSA

The consent order makes on two references to the kids, and no mention at all of child maintenance. The two references relate to "sharing the costs for large items such as laptop etc " and "both contributing to uni etc"

During the prolonged process of discussions leading to the consent order etc there was _NO_ discussion, not verbally nor in emails etc relating to Child Maintenance. The only discussions were in relation to what old greedy boots could get for herself.

There is no reference to maintenance in relation to "up to 18" ...

So her income is about 35k after tax etc

So I called the CSA to see what could be done

Son is 14, lives with me ... never stays with his mum ... sees her for an hour or so once a week at most.

The CSA obviously were suprised that "it's a bloke on the phone making a claim" but eventually gave a rough figure of 3-400 per month that she would have to pay.

So I said, "go ahead" ....

Now the really fun bit, and the bit I'm looking for any thoughts on:

The ex received CSA contact and then ran to her Solicitors ..

I received a letter that said that although I had every right to contact the CSA, by doing so It would allow her to go back to court and have the consent order nullified and for her to go to court to apply for periodical payments that would cover her CSA commitments. The last word in the Sols letter to me was "Stalemate".

Now, I've been to my Sols on this matter as well and they agree that there is no mention, not has there ever been any discussion on this matter.

However they are looking to have Barrister opinion on the correspondence, situation and consent order .... I'm sort of ok with this, btu I know it will cost me ££.

Bit confused really, I would have thought, based on other PH CSA stories that this cannot happen like this ... ie going back to court to get more money from me to then use to pay the CSA ... really effing wierd ...

Maybe it's only women that can do this and men cant ... grrr

Any thoughts from PH would be appreciated ... (please dont bother with the "you've been shafted replies" ... fully aware of that thanks)

arf

[PurpleMoonlight]

Do you earn a lot more than her? Spousal Maintenance is not a right, even for women, it is based on one parties need and the others ability to pay.

I guess they would argue that the reference to splitting the cost of any large purchases for the children is the only child maintenance that is required. A judge may agree, or may not. Besides, even if it is you can still enforce child maintenance via the CSA once the Consent Order is a year old.

Tell her solicitor that they are welcome to try but that if they do and fail you will be seeking an order for costs.

[arfur]

PurpleMoonlight said:

Do you earn a lot more than her? Spousal Maintenance is not a right, even for women, it is based on one parties need and the others ability to pay.

I guess they would argue that the reference to splitting the cost of any large purchases for the children is the only child maintenance that is required. A judge may agree, or may not. Besides, even if it is you can still enforce child maintenance via the CSA once the Consent Order is a year old.

Tell her solicitor that they are welcome to try but that if they do and fail you will be seeking an order for costs.

Thanks for the input ...

I do earn a lot more, and total gave her about 3/4 a mil in cash and bricks. There is no spousal maint in place.

However, what kicked this off was her refusal to give her son any pocket money and to refuse to contribute towards some maths/english tutoring.

Her sols are now saying that in a without prejudice offer I made to her 18 months ago, that they rejected in writing I did say that I "have no intention of claiming child maint". At this point the kids did not live with me, and the offer itself was 100% different to the eventual outcome ... and the kids have lived with me for more than 12 months.

So her Sols are saying "you said 18 months ago your favourite colour was red .... but now you say it's blue ... but because in the past you said it was red .... here's a red jumper instead of the blue one you like more"

[PurpleMoonlight]

If your ex rejected that offer I cannot see how they can now use it as a basis of seeking to review the Consent Order.

[arfur]

PurpleMoonlight said:

If your ex rejected that offer I cannot see how they can now use it as a basis of seeking to review the Consent Order.

My thoughts as well ... But that is what they have threatened to do if I dont cancel the CSA ... They are suggesting that if she had known that I would be seeking Child Maint then she would have asked for more £ in the 1st place in the Consent order to offset the maint .... ie She would have asked for another 100k so she could pay me 400 quid a month for 4 years ...

totally fked up if you ask me

[PurpleMoonlight]

arfur said:

totally fked up if you ask me

That's women for you.

All sex is prostitution to women. It's just a matter of how and when they get paid .....

[Motorrad]

PurpleMoonlight said:

That's women for you.

All sex is prostitution to women. It's just a matter of how and when they get paid .....

Hate to take this off topic but if you really believe that you'd probably be better going and hanging yourself. Unless you're a homosexual.

[PurpleMoonlight]

Motorrad said:

Hate to take this off topic but if you really believe that you'd probably be better going and hanging yourself. Unless you're a homosexual.

Nah, just pay per view. It's easier.

[Motorrad]

PurpleMoonlight said:

Nah, just pay per view. It's easier.

erm....lol.....I hope it was a good match.

[Devil2575]

arfur said:

I do earn a lot more,

If you earn a lot more why are you trying to get money out of her?

Is it worth the effort if you are financially secure?

[dunmow70]

Devil2575 said:

If you earn a lot more why are you trying to get money out of her?

Is it worth the effort if you are financially secure?

Because she has a duty as a parent of a child to be 50% responsible for its upbringing, either through nurture or finance. If she didn't want to be involved in raising a child to adulthood, she shouldn't have had any.

If she was given upwards of £750k in stuff after the divorce, doesn't look after the children and she earns £35k after tax, she's in a very comfortable position and should be contributing.

[JumboBeef]

arfur said:

I do earn a lot more, and total gave her about 3/4 a mil in cash and bricks. There is no spousal maint in place.

OK, so here's my input. Why did you solicitor allow you to hand over £750,000 without getting a clean break in return....? You have lost your biggest lever.

On another point, do you receive Child Benefit for the children?

[paintman]

If the money isn't an issue (as in you don't need it) & its more a matter of principle, wouldn't it make more sense - and save money paying solicitors etc - to allow her to continue alienating her children?

Edited by paintman on Monday 14th January 17:29

[Devil2575]

paintman said:

If the money isn't an issue & its more a matter of principle, wouldn't it make more sense - and save money paying solicitors etc - to allow her to continue alienating her children?

Indeed. She sounds like a top parent. If you don't need the cash then let her pay the price emotionally when her kids don't want to know her.

[vdp1]

My mate took the kids of his ex missus as she was a hopeless mother, the next week she rang him kicking off as the maintenance he gave her hadn't gone in. His reply was look, its even worse than that now because now you owe me.

[voyds9]

arfur said:

My thoughts as well ... But that is what they have threatened to do if I dont cancel the CSA ... They are suggesting that if she had known that I would be seeking Child Maint then she would have asked for more £ in the 1st place in the Consent order to offset the maint .... ie She would have asked for another 100k so she could pay me 400 quid a month for 4 years ...

totally fked up if you ask me

Sounds like her solicitor slipped up.

[Collectingbrass]

Hold your fire OP. I'm not a lawyer but I am divorced and have been through this & managed to keep my shirt. It's a nightmare but you are right and she / her side is wrong.

You can go to the CSA after the initial consent order has been in place for 12 months. This will have no affect on the rest of the consent order. http://www.cmoptions.org/en/faqs/section4.asp#Q4 This has been the case since 2003

After that Child Support is based on ability to pay, not on need - unless the disparity is extreme, think Mrs Mop divorcing Bernie Ecclestone. http://www.cmoptions.org/en/other-arrangements/sta... There is no reason, legal anyway, why she shouldn't contribute financially.

The rest of the guff from her solicitor is bluster and you need one acting for you who knows their way around Family Law http://www.lawsociety.org.uk/accreditation/documen... With respect, yours should not have allowed the consent order to go through without specific and clear information regarding child maintenance; even if you and the SWT had agreed she wouldnt pay anything the consent order should have said she was paying £1 per year to acknowlegde her legal liability. Your solicitor should also have known everything I've told you, suggest you ask them why they didn't...

Ninja edit: now you are divorced and the consent order is in place, why are the SWT's legal costs your affair? Even if you agreed to pay her costs that's only up to the point of the decree absolute surely?

Edited by Collectingbrass on Monday 14th January 18:54

[Amateurish]

Spoke to my other half about your case - she's an experienced divorce solicitor. Apparently you cannot reopen a consent order in these circumstances. And that child maintenance is not something you can have a clean break from in any event. So sounds like her solicitors fked up.

Also there is no way your solicitors should need to get counsel's opinion. They might be taking you for a ride...

(All on the basis that there are no other relevant facts you haven't mentioned).

[Collectingbrass]

arfur said:

My thoughts as well ... But that is what they have threatened to do if I dont cancel the CSA ... They are suggesting that if she had known that I would be seeking Child Maint then she would have asked for more £ in the 1st place in the Consent order to offset the maint .... ie She would have asked for another 100k so she could pay me 400 quid a month for 4 years ...

totally fked up if you ask me

Sounds like you capitalised the spousal support http://www.wikivorce.com/divorce/Divorce-Advice/Ma... I don't think has a bearing on Child Support but you need a sol who knows what theay are doing.

[soprano]

Amateurish said:

Spoke to my other half about your case - she's an experienced divorce solicitor. Apparently you cannot reopen a consent order in these circumstances. And that child maintenance is not something you can have a clean break from in any event. So sounds like her solicitors fked up.

Also there is no way your solicitors should need to get counsel's opinion. They might be taking you for a ride...

(All on the basis that there are no other relevant facts you haven't mentioned).

I agree with this (including the part about any other relevant facts) on the face of it you have a clean break agreed by consent. I do not see that she will be successful in re-opening the order. It may well be that her solicitor hasn't advised her properly.

The clean break is in respect of your claims against each other. It doesn't affect liability for CSA. OP you need to make sure your clean break is in respect of all matters, including claims against income (which it seems to be).

Also OP be careful with the advice you receive on here, I'm sure it's well meaning but some of the other posts are simply not correct. I would see your solicitor ASAP. As for getting counsels opinion, it's unlikely your solicitor is taking you for a ride as they won't benefit from it financially.