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child maintenance

  • jasmine
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27 Jan 08 #12090 by jasmine
Topic started by jasmine
If a Consent Order has been stamped by the court if the ex stops the payments what is the procedure.
Do you go back to court
how long does it take
what costs involved.
or do you go to csa.
If the Consent Order is index linked for inflation who is responsible for ensuring it is carried out.
ex solicitor or the court.

  • sexysadie
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28 Jan 08 #12183 by sexysadie
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I think you go back to court if that is where it was agreed. CSA just use their formula.

No idea about the rest: I expect the time it takes depends on how busy the courts are where you live.

Sadie

  • LittleMrMike
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28 Jan 08 #12188 by LittleMrMike
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Depends really. If the payer is in full time employment all you need to do is get an attachment of earnings order. Arrears of maintenance are a debt and can be enforced like any other debt. The payer will probably be ordered to pay costs.

As to index linking, well, the order should specify what index the payments to be linked to, when the annual increase takes effect, the month when you look at the index to determine what the rate of increase is to be. Provided the order is well drafted, there should be no scope for argument ; I've never had any trouble at all with mine, I have agreed it every year with my wife's receiver and it just isn't a problem.

Mike 100468

  • kitten44
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28 Jan 08 #12190 by kitten44
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You could try a solicitors letter in the first instance. If this doesnt work then i'm afraid its back to court.
Why has he stopped payments?

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