I have been reading through the content on this site and am very impressed. I am hoping someone will be able to answer a question for me so here goes....
My ex wife offered a financial settlement via her solicitors, I pay for x y z and maintain my payments to her for our only child. No Pension split, she keeps the house and I get a kickback when my daughter is 18.
My solicitor drafted a Consent Order on this basis asking my if I agreed which I did. He sent this to her solicitors and they have come back with large amendments!!
She now wants this added, If I become unemployed that the money for child maintenance be taken from my share of the house?!?!
My solicitor wrote back rather firmly stating that this is an amendment to a draft agreed consent order and will not be accepted. He told me that she would now be liable to court fees if it goes to court. Nothing has progressed since.
Can you tell me whether this is the case and under family law once the order is drawn such big changes cannot be added?
Remember the Court has NO jurisdiction to make an order for child maintenance unless there is AGREEMENT-so their ammendments should be responded by repeating the offer with this...
"Given that our client does not agree to your amendment and bearing in mind the Court has no jurisdiction to make a child maintenance order other by consent your client must decide to either agree the proposals we have made or apply to the CSA.
In any event it is totally otiose to suggest a formula which flies in the face of how Child Maintenance is calculated. In essence your amendment is a poor attempt at underwriting the child maintenance payment. "