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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi My ex husband and I have a consent order in place that

Resolved Question:

Hi
My ex husband and I have a consent order in place that we agreed collaboratively, rather than going to court.
The maintenance payment figure was agreed until 1st May 2014 this year when we it was due to be reviewed.
My ex reviewed it and made an increased payment based on April 2014's payslip.
However, I believe he manipulated this, by not working weekends, to give a basic monthly payment.
I have emailed him to say that the increase if from 1st May, so April's payslip is not relevant so could I have a copy of May's, which he has refused based on the fact that as my son is now doing a college course rather than second year A level as at September 2013 and becoming 18 in Nov 2013, he was no longer in secondary education despite me still receive Child Benefit and that he is still paying, based on solicitors emails confirming the consent order after it was signed and absolute granted.
The consent order states 18 or full time secondary education, whichever is the later.

The consent order states that he is to pay a sum equal to 15% of net basic monthly salary.

I know my solicitor involved in the collaborative process can not help legally/in court - not sure what to do next as I believe he is not paying in accordance with the order.

Hope that all makes sense?

Thank you

Caroline
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you have copy of the April payslip?
Clare
Customer: replied 3 years ago.

Yes - he emailed across a copy of the April payslip

Expert:  Clare replied 3 years ago.
Hi
Is that the start of his financial year?
is there any evidence of the amount he earned last year?
Clare
Customer: replied 3 years ago.

Yes 1st April is the start of his year.


 


No - he has provided no evidence of his earnings for previous year.


 


Thank you


 


Caroline

Expert:  Clare replied 3 years ago.
Hi
In fact the payslip that you want is the March one - or his P60 for the year - which will tell you what his earnings for last year were
It is this that the CMS (new name for CSA) would base any assessment on.
You are of course correct - your son is still in secondary education and the money is still payable.
You have two options so far as future steps are concerned
You can hand the matter on to the CMS (new CSA) - you can work out how much he might pay here
http://nacsa.co.uk/index.php?option=com_content&view=article&id=38:cs3-calculations&catid=2:uncategorised&Itemid=535
Alternatively you can write to your ex asking for his P60 for the year so that you can work out his average monthly income and make the correct calculation and that failure to do so will mean that you will apply to the court for an Order that he discloses the P60 and pays the costs involved
The form you will need to do this is a D11 and the fee is £95
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi


 


Does the CMS override a consent order?


 


The consent order was approved by the court in January 2014 and then absolute granted in Feb 2014?


 


Thank you


 


Caroline


 


 


 


 


 

Expert:  Clare replied 3 years ago.
Hi Caroline
My apologies I should have asked when the order was made.
May I ask why a review was agreed to happen so early in the Order?
Clare
Customer: replied 3 years ago.

It has taken three years to get a consent order agreed by my ex, so there was an original figure of maintenance agreed in the draft order in April 2013, based on P60 he provided to his solicitor and working out an average figure for 2013-2014, which was why I asked for a review in May 2014, which was included with the approved consent order.


 


Thank you


Caroline

Expert:  Clare replied 3 years ago.
Hi
Ah I see
In which case my apologies - I am afraid that the CMS option is not available until next February and your only option is the D11 route
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi


 


So should I ask him for a copy of his P60 for last year in writing, by recorded deliver, giving him say 7 days to do so.


 


Failing that, complete a D11 and apply to the courts because he has failed to produce the relevant paperwork to substantiate the revised monthly payment.


 


Would I be right in saying through, that proof of one months income, does not set precedence for the following months, so he either produces P60 or sends a copy of each months payslip, to substantiate the payment he is making for maintenance?


 


Thank you


 


Caroline


 

Expert:  Clare replied 3 years ago.
Hi
It is impossible to judge future income at all - which is why it is more sensible to use the average of the previous year - unless of course he has started a new job.
I would give him 14 days but otherwise yes you have the process right!
Clare
Customer: replied 3 years ago.

Hi Clare


 


Thank you


 


Kind Regards


 


Caroline

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