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Consent order and further expenses

  • jkennedytoole
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02 Jan 18 #498413 by jkennedytoole
Topic started by jkennedytoole
Hello, after a 5-year long separation process I finally divorced in March 2017.

We have a Consent Order in a place where I contribute £500 a month towards the children welfare and education.

The Consent Order was agreed when my income was much higher as I have recently lost my 20-year long job at an academic institution in the UK so I have gone back to my country (Spain).

Before the consent order was agreed we had a similar verbal agreement since 2011.

When the matrimonial home was sold I relinquish the £97,000 equity so that she could put that towards her new home, to which I had also to put my name down on the mortgage as she could not take up the mortgage on her own since there is no source of regular income.

I am currently unemployed living at my mom's waiting to re-build my life in Spain. My house had to be rented out to other relatives as I have not enough to cover both the contributions to my ex and my own rent.

My ex unilaterally has decided to enrol 2 of our children in a very expensive boarding school where although they have a bursary for the fees they are a big amount of non covered related expenses.

I have not been able to see my children this Christmas due to my financial situation (the divorce was extremely costly).

My question is, how could I discourage my ex from sending me expenses related invoices on top of what I am already paying?

I try to keep finances and parenting separate but I am having issues organising holidays as apparently I also need to pay for all those invoices she keeps on sending first.

Would this be a case to be resolved in court via a C-100 form?

Kind Regards

  • WYSPECIAL
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02 Jan 18 #498416 by WYSPECIAL
Reply from WYSPECIAL
You don't have to pay anything beyond the Court Ordered amount.

Anything else is voluntary and if you can't afford it, or don't want to contribute, you don't have to.

You could simply tell your ex not to send any more invoices or just don't pay them.

  • jkennedytoole
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02 Jan 18 #498417 by jkennedytoole
Reply from jkennedytoole
Thanks for the reply, that is what I thought, it is sad that the issue still persists and it's being used as blackmail on any conversation related to the kid's holidays.

  • hadenoughnow
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03 Jan 18 #498428 by hadenoughnow
Reply from hadenoughnow
If the court order relates to child maintenance only and is more than a year old, it can be superseded by an assessment by the CMS.

Why not give them a call or Google the CM calculator to check your liability.

Hadenoughnow

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