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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


breaking a consent order regarding maintainance

  • thebaldrys
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28 May 12 #333641 by thebaldrys
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help!!!!
my ex husband has come to me today saying he is reducing my maintainance for the children.we didnt go through csa but used there guidelines .there was a Consent Order put in place saying the amount to be paid weekly and that it should be increased yearly by the retail price index figures (which he has never done) he says he is doing this due to the fact he is moving in with the girlfriend who has a child of her own ,not his might i add.therefore he has to pay for three kids now
my question is can he do this and is he breaching the order.the girlfriends child isnt his,so i dont understand why my children should suffer

  • WYSPECIAL
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28 May 12 #333643 by WYSPECIAL
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No he can''t just do it but he could go to the CSA.

He will get a 15% allowance for the child living with him but on the other hand any tax credits they claim will be taken into account as income.

If his wages haven''t gone up in line with RPI then amount he is paying is probably in excess of CSA rate anyway

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28 May 12 #333644 by thebaldrys
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can he go through csa even though we agreed on maintance ourselves and didnt actually involve them,we just used the calculator to work out an amount.once he has changed the amount do i go to the solicitor.will he be breaking the Consent Order then.

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28 May 12 #333646 by WYSPECIAL
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If the court order for CM is more than 12 months old it would be over ruled by an application to the CSA.

If he chooses to just change the amount you could go to court for enforcement but that will probably cost you money and then he will simply go to CSA anyway.

Either parent can go to CSA at any time once a court order is 12 months old.

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28 May 12 #333648 by thebaldrys
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thankyou for the advice x

  • Child Maintenance Options
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01 Jun 12 #334447 by Child Maintenance Options
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Hi

Thanks for your post.

You mention that you have a Consent Order and as one of the previous boarders mentions, if this is over 12 months old and was made after 3 March 2003 then an application to the CSA could be made by either parent.

With regard to the amount of money your ex-partner should pay, it will be dependent upon whether his new partner receives child benefit and he has any other children in his current household. Under the CSA, this would mean that you would only receive 20% of his income for your 2 children.

However to gauge how these change might affect your Consent Order, it would be advisable to speak to a solicitor

  • Pippy1975
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01 Jul 12 #340416 by Pippy1975
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One thing i have learnt today is that whatever Consent Order / agreement you have, once its over 12 months old, the CSA can over rule it,.

I had this v ery conversation with my ex today as I knew what he was paying didnt hit the 15% that the CSA would make him pay.

You can go to the CSA at any point and ask them to assess what he should pay, so if i were you, I would say that you are not happy that what you now currently have in place is right, nd you want the CSA to assess it and then you know what you have in place is right and not subjective in any way.

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