My relative recently agreed to pay child maintenance under a "christmas Order" he did not have legal representation as he could''nt afford it. The Barrister for the other side explained the order was so called because at Christmas it was reviewed and in the barristers words "if you end up a squillianaire you will pay more if you get a pay cut or lose your job you will pay less".The draft was signed in principle in the court with the words Christmas Order on it but no explanation highlighting he could not have a review. he has now had the typed up copy of this document The Heads of Agreement which states its automatically renewed so cannot be subject to a review. My question is he has not signed the official document explaining this only the scribbled pencil draft document in principle in the court which just gave the name christmas order and non of the explanation. ~Surely the explanation should have also been included in the penciled draft document in the court in laymans terms as he was representing himself;) Can he get the Christmas Order removed and just pay the agreed amount which can increase in line with the rpi and also be subject to a review. Hope theres someone who can help:(
Do you know the exact terms? A Christmas Order is an order that automatically renews annually so that the order isn''t in effect for longer than a year and the courts rather than the CSA retain jurisdiction.
However, that doesn''t prevent your relative from applying to court for a variation to the order if circumstances change.
Thank you so much for your reply however i understand that the Christmas Order also prevents a review to CMEC The draft order was made on the 3rd May this year to run until December 2012 then automatically renew until December 2013 and so on we havent yet signed the official typed document which highlights we cannot ask for a review through CMEC (the draft document only highlighted we would waive the right to a CSA review)it did not make it clear that a review through CMEC was also prevented by a Christmas Order.We have written a letter to the court outlining it wasnt explained and asking if we can move forward with the agreed amount and increase according to the rpi and also be allowed review if necessary and remove the christmas order (we were deliberatly lied to but we havent said so) So confused and completely worried thank god for forums like this hope you can help
CSA and C-MEC are the same thing. The CSA is just a delivery arm of C-MEC. It''s difficult to comment without knowing the exact terms of the maintenance agreement. If there was full disclosure, both parties had the opportunity to take legal advice and the agreement is fair (ie complies with the law) the court may make an order in the same terms of the agreement unless your relative can show good reason why it shouldn''t. As I said above a Christmas Order won''t prevent a court varying/reviewing the order if circumstances change.
So very glad to hear that as the contract my relative has with work is due to be renewed and a possible reduction of 39% drop in income is anticipated. We can provide all documentation bank statement accounts etc to prove this drop what is the proceedure to vary and are there time scales to adhere to. We know we will still have to pay the agreed amount until a variance is approved or not, is the process a long one. Could you also please enlighten me full and frank disclosure has been made by my relative and the opposite person it appears the opposite person in this case has no money apart from a job paying approximately £1000.00per month, no savings are available and no assests or equity in property they have so far paid £2000.00 of there £25,000.00 bill! Will the solicitor let them pay it monthly or will they have to set a direct debit up out of the money that was awarded as it was well over the CSA calculation thank you again for your help