How can the CMS overthrow a Court Order?

I'm so confused. I did question it with the solicitor as everything I have seen says CMS supercedes a Consent Order.But I've attached the relevant parts of my order.What do you think?

This is so confusing. Everything I've read has said that CMS can override a consent order. My solicitor seemed adamant that he should've been paying me the 300 a month. I have attached the relevant excerpts from my order relating to child maintenance in my next post as I couldn't attach to this reply. What do you think?

This is so confusing. Everything I've read has said that CMS can override a consent order. My solicitor seemed adamant that he should've been paying me the 300 a month. I have attached the relevant excerpts from my order relating to child maintenance in my next post as I couldn't attach to this reply. What do you think?

This is so confusing. Everything I've read has said that CMS can override a consent order. My solicitor seemed adamant that he should've been paying me the 300 a month. I have attached the relevant excerpts from my order relating to child maintenance in my next post as I couldn't attach to this reply. What do you think?

We are probably talking at cross purposes here.

The court can make an order in relation to child maintenance. That order can only last a year before the person paying can apply to the CMS. The CMS will then override the order.

If your financial order includes spousal maintenance that will remain payable.

There are orders which give a global sum to include spousal and child maintenance. In those cases it is common for that sum to be reduced by the amount deemed payable by the CMS. I.e. if the global maintenance is £300 and the CMS assesses £165, the global maintenance will be £135 in addition to make it up to £300.

In your case it's not clear what the order says. That will require some clarification.

What is certain is that you can only enforce a year's worth of arrears without leave of the court. The court can grant leave to enforce longer but it's a high bar to reach.

Charles

Hello,

Thank you for your reply. I have attached the relevant excerpts of my order in my post above (sorry I know I duplicated my posts but one of them has the attachments with the wording on my order that's relevant to child maintenance)

I do not get spousal maintenance. My order is only relating to our matrimonial home, which I live in and pay for, and for child maintenance. I'm enquiring specifically about the child maintenance element.

So my solicitor was adamant that he still has to pay me the 300 and that he owes me the arrears. He is a really experienced family law solicitor with years under his belt. So why would he tell me this if it isn't so?

I was hoping maybe someone had some experience of the Same situation?

Have you ever heard of this before?

Kind regards

I will clarify this on Monday with his paralegal who was taking notes during the appointment. She's free to speak to lol.

Unfortunately your response is confusing where you say:

"I do not get spousal maintenance. My order is only relating to our matrimonial home, which I live in and pay for, and for child maintenance"

Maintenance that is not child maintenance is spousal maintenance.

It sounds as though you need to clarify the position with your solicitor. Either they are right or wrong. I think they're wrong and the amount you can enforce is limited.

However you pay for advice with your solicitor but you canvas opinion here for free.

You need to formulate your questions carefully. Firstly, how far back can you enforce an order? Secondly, what elements of maintenance does the maintenance order cover and how much of that remains when CMS jurisdiction takes over?

You haven't provided enough information to be clearer. ideally the wording of the order would clarify.

Charles