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CMS assessment

  • suzyc
  • suzyc's Avatar Posted by
  • Junior Member
  • Junior Member
09 Jun 21 #516933 by suzyc
Topic started by suzyc
I'm sorry but this is a bit of a repeat post! ... I'm struggling to understand what is the best way forwards.

We have a global Consent Order in place which is due to end in 2023. My former husband has applied to the CMS for assessment ... I do not understand why he would do this, he is aware of the meaning of the global aspect of the consent order. I have applied for enforcement after he unilaterally reduced it with no notice or discussion. We were unable to find a workable compromise in mediation. His CMS assessed amount will be less than half of the consent order amount on which I rely to pay my mortgage. In 2023 our youngest child finished education I will be able to draw down on my pension making me financially independent.

My question is why would he apply to CMS for assessment? Could he have been advised to do this as a means to pay no spousal element until the enforcement hearing thus proving that I have been able to manage and so have no need? I assumed he would apply to Vary the order, I don't know if has or not ... he won't communicate. I do not think he meets any of the requirements to Vary as his income has increased, my circumstances have only changed in so much as I work now (minimum wage) and the children are older (inevitable and planned for in the order).

Any comments or ideas very gratefully received. Thanks for taking the time x

  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
11 Jun 21 #516942 by WYSPECIAL
Reply from WYSPECIAL
Hard to guess his motives. Even if he plans to apply for a variation there is nothing to gain by applying to CMS

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