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Is CMS a more practical option?

  • 1066harold
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21 Jul 22 #519640 by 1066harold
Topic started by 1066harold
I hear mixed reports regarding the CMS.

However, is it not the case that using the service, as apposed to signing the child maintenance fee into a Minute of Agreement, offers some level of protection? Should my personal circumstances change CMS would reflect that by adjusting the payment.

If I sign the MoA including CM fee, I'm legally obliged to pay that amount regardless of personal circumstances, right? Potentially facing a costly legal process to reflect, say, loss of income.

Why would anyone take the risk, then, of not having this protection?

  • WYSPECIAL
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22 Jul 22 - 22 Jul 22 #519643 by WYSPECIAL
Reply from WYSPECIAL
If child maintenance is written into a Consent Order it can be over ruled by either of you applying to CMS for assessment after 12 months anyway.

As you say though, why have it in a consent order? Ex will be wanting to see proof of income every year to ensure the correct amount is paid, you need to make sure end dates are absolutely clear as to when they trigger etc.

A private agreement using CMS assessed figures as a starting point is probably the best option followed by CMS if parties cannot agree.
Last edit: 22 Jul 22 by WYSPECIAL.

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