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Mentio of CM in Consent Order?

  • ATMSPC
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31 Mar 21 #516336 by ATMSPC
Topic started by ATMSPC
My ex and I have finally reached an agreement involving property transfer for a lump sum and a pension share.

In my offer letter to his solicitor I also include a line "child maintenance to paid in line with CM service calculated rates" but his solicitor hasn't included that line the draft Order.

Although the court doesn't get involved in enforcing any CM breach should I expect that line to be included as a clause in the Order? Would it be considered unreasonable to include it?

  • hadenoughnow
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31 Mar 21 #516342 by hadenoughnow
Reply from hadenoughnow
CM is a statutory requirement so there is no need to include it in the order.

Hadenoughnow

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01 Apr 21 #516353 by ATMSPC
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Thanks - I have let it go but made sure he has acknowledged in writing the period for which he will be obliged to pay CM and the GOV.UK calculated amount based on his salary and nights he has the children to stay.

He does keep saying that when settlement is final he will have them more often..I suspect to reduce his liability and I don't think there's anything I can do about that if they are willing to go and stay with him.

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02 Apr 21 #516372 by hadenoughnow
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Child contact must be for the benefit of the children, not just used to reduce CM liability. Bear in mind the CM rate is the statutory minimum. It is perfectly open to him to pay more to ensure the children are OK. You can only enforce the minimum though.

Hadenoughnow

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