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breach of consent order

  • chrissiemay67
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25 Apr 12 #326474 by chrissiemay67
Topic started by chrissiemay67
Hi ya got divorced in 2008 and a Consent Order is in place for my ex husband to pay £300 maintenance a month for our daughter to include tertiary education. Daughter started uni sep 2011 and ex not paying a penny, got consent order registered in magistrates court for enforcement and now my ex is taking it back to county court to vary the order to nil. My ex is a police officer and his new wife is also a police officer, they have two properties one of which they rent out but my ex is stating he cannot afford to support his daughter. My daughter is at uni but is still classed as living at my home with myself and my partner, she does not receive enough student loans as they worked it out on my household income so she is approx 2-3000 short every year, i have paid off her bank loan as she was getting default letters and i send her money and buy her uni equipment, ex does not even buy her a birthday/xmas card,
form E''s have just been exchanged and now have the task of preparing statement of issues and chronology, i was going to include a breakdown of my daughters income and outgoings would this be acceptable as i don''t wish to upset the judge also any tips on what to include in statement of issues as any maintenance awarded i wish to go straight to my daughter so i am so desperate for it to go in my favour, i am self repping so rather nervous, any tips would be very appreciated......christine

  • TBagpuss
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26 Apr 12 #326640 by TBagpuss
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I think you can include your daughter''s outgoings as your own if you are paying them.

E.g.

*financial Support for daughter - £500 per month.
Breaks down to : Rent £200
Food £100
Travel £100
Course materials £100

*Tuition fees for daughter - £700 per month

or whatever the actual figures are

In the section on the form E wich asks about expenses etc in the last and next 12 months you can put what you''ve paid (inlcuding her bank loan) and what you expect to pay.

i think a cout will take into account the fact that you had a Consent Order ad agreed that your ex would continue to help support his daughter through her degree course, so the issue os, what has changed that means itwould be reasonable for him to renege on that agreement. Has his income fallen significantly ince the order was agreed? Have hios finacial needs increased significantly?
It may be helpful for you to dig out your paperwork from when the original order was agreed so that you can tell the Judge what his income was, and what his outgoings/needs were at that time, to show that the margins have not changed.

Obviously it may be that the margins *have* changed - if he now gets less overtime, for instance, or has had another child, in which case a court may take that in to account and agree that a variation is fair, but that does not necessarily mea that the variation will be to Nil.

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26 Apr 12 #326652 by chrissiemay67
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Thank you i will certainly take a look at his paperwork from when Consent Order was made up and balance up the figures, i am already aware that his wages have increased and he has a stepson from his new marriage but his wife receives maintenance for her son from her ex husband so my ex cannot support his stepson fully. I really dont understand how some men can just turn their backs on their children when they start a new life, very very sad!!

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