Help. On 4th March 2013 my ex wife and I settled in Court our financial issues with a consent order. The Order included the division of our assets and liabilities and also sections on child maintenance. My children are 8 and 9. In the preamble it states: The Respondent(ie wife) agreeing forthwith to request the commission to cease acting in collection and recovery of child support maintenance from the date of this order". The Order then states I should pay to the wife , for the benefit of the children, their school fees until 18 - the payment to be paid directly to the school. This climbs over the years to around £25000 per year. The Order also states I should pay a sum monthly to the wife for the benefit of the children, index linked, until 18. That is £150 each. I have done all of these things. I have now been contacted by the Child Maintenace Service because she has applied again for Child Maintenance , through them. They calculate my liabilty to be around £16000 annually. In actual fact I have paid £24000 in the last year - including the school fees. The CMS tell me that they can over rule a consent order after a year - despite the Order saying she should not use them. I understand that the CMS do not "count" day school fees. The children do not board. Is it possible that the CMS will try to increase my monthly maintenance of £150 per child - I am struggling already with all of this financially. It seems so unjust - when I thought that the expensive court order gave me certainty over the next ten years.
Thank you for your question
My name is XXXXX XXXXX I shall do my best to help you.
I am afraid that the CMS can indeed step in and take over the Child maintenance again (as your solicitor should have warned you last year)
however your response is relatively straightforward
You make an immediate application to the court to vary the Order to discharge your liability for the School fees.
I would suggest that you ask for an Order that you pay the difference between the CMS calculation and the School fees plus £300 a month - given that that was clearly what was agreed it is very likely that the court will make the order
I hope that this is of assistance - please ask if you need further details