Child maintenance (CMS review) vs fixed court order

[NeilPot]

Hi.

So going back 18 months for the financial settlement, the now Ex wanted child maintenance written into the order. That’s all ok as the sum pretty much equated to CMS.

She’s now asking for a maintenance review considering cost of living and will seek CMS guidance if needed.

Considering we have a court order (18 months old) would this need to be removed before any considerations?

- I can add to the maintenance for kids clubs (or offer to pay these, gym membership for example).
- my salary has not changed since the maintenance was agreed, so on that basis CMS have nothing to do
- she might have recorded days with me in the event the number changed so can request CMS to review
- our daughter has not wanted to see me so on this basis if she requested CMS might find in her favour.

What options exist

Does the court order over ride CMS? What costs to remove?

I’m thinking setup an account for each, which I have control of, and is used exclusively for gym / clubs / essentials as opposed to her bank account.
But 1/2 of this would be for my daughter to access, and the ex might not want to go that route.
If I did this there’s no formal means to show ‘maintenance’…

If the court order stays in place and I add more £, am I within my right to then reduce in the event my salary drops?

[Kuroblack350]

Not sure if this helps, but within my Consent Order, it specifically says that the maintenance/support payment cannot be reviewed within the first 12 months. I was told it’s because a Consent Order can’t override the law - so I think, your CMS payments may be ‘reviewable’ as 12 months have passed… absolutely not a legal person though, worth checking.