How can the CMS overthrow a Court Order?

I'm really struggling to understand how, by simply telephoning the CMS and making an application to them to take control of child maintenance payments by paying £20, they can then override a Court Order that we both agreed on and spent thousands preparing through solicitors!

My ex is angry because I've stopped him from seeing the children. It would appear that the police, social services and the Court all agree with me that head butting our son isn't appropriate. However, the ex thinks this behaviour is OK and now, because he's not allowed to see the children until the Court permits, he wants to punish me.

After our court hearing last week, he immediately made a claim to the CMS. In theory, the payment for the children will reduce by approximately 40%.

Upon speaking with the CMS, there's not really much I can do.

Does anyone else agree that this is absolutely farcical? What is the legislation that has permitted this to be allowed? It seems so flippant. I wasn't told about this by my solicitor.

Court Orders for maintenance normally have a 12 month validity before the CMS assessment can override them but it will all come down to the wording

hollys wrote: I'm really struggling to understand how, by simply telephoning the CMS and making an application to them to take control of child maintenance payments by paying £20, they can then override a Court Order that we both agreed on and spent thousands preparing through solicitors!

My ex is angry because I've stopped him from seeing the children. It would appear that the police, social services and the Court all agree with me that head butting our son isn't appropriate. However, the ex thinks this behaviour is OK and now, because he's not allowed to see the children until the Court permits, he wants to punish me.

After our court hearing last week, he immediately made a claim to the CMS. In theory, the payment for the children will reduce by approximately 40%.

Upon speaking with the CMS, there's not really much I can do.

Does anyone else agree that this is absolutely farcical? What is the legislation that has permitted this to be allowed? It seems so flippant. I wasn't told about this by my solicitor.

Child Support Act 1991 so not really new legislation. It is always worth checking what amount would be payable via CMS when negotiating CM even if you choose not to use them.

Courts can only deal with CM by consent as CMS has precedent.

Unfortunately if your ex is trying to exert financial control you may find changes of circumstances start to occur. If you can possibly come to a private agreement based around CMS try to do so.

Thanks for your reply. Here’s the content of the order

“ 10. Child periodical payments order
By agreement between the parties the respondent shall pay to the applicant periodical payments for the benefit of the children of the family. Payment shall be at the rate of £3250 per annum per child, payable four weekly in advance by standing order. Payments shall start on 1st October 2018 and shall end on:-
a) Each child respectively obtaining the age of eighteen years or ceasing their full-time
tertiary education to first degree level, whichever shall be the later
b) Or a further order.
The court may (prior to the expiry of the term or subsequently) order a longer period of payment.
11. Spousal periodical payments order without a term
The respondent shall pay to the applicant maintenance pending suit until the date of Decree Absolute and afterwards periodical payments. Payments shall be at the nominal rate of £0.05 per annum, payable monthly in advance. Payments shall start on , and shall end on the first to occur of:
a. the death of either the applicant or the respondent;
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b. the applicant’s remarriage; or
c. a further order.”

Do I have any recourse available to me?

If it's been in force since 2018 then the 12 month window is up so CMS overrules as per wyspecials Act they mentioned. Now down to what his earnings are according to HMRC and the official calculations

Yes, I understand that but what I’m trying to ascertain is whether it’s worth me going back to a court and making him stick to the Court order or apply for an increase in spousal maintenance.

They can't make him stick to the Child Manintenance order as per the above and CMS is dealing with it so unless he voluntarily went back for that it's dead. You can apply to vary your spousal maintenance but you'd need to be showing the reasons why you have a greater need now and why he has the capacity to pay more. It's 2 years on from the original order, the kids are all of ages where they aren't impacting your ability to work as much so all those factors will still be in play as to whether you are also doing all you can to maximise income so may become a costly bunfight. Does he contribute anything to the one at University separately also?