It is my understanding that he won't be able to apply to the CMS as the Consent Order states.... (Please can you clarify)
'That all issues concerning the maintenance of the children of the family..... will be death with by the Court as provided for within these agreements, undertakings and orders including as varied from time to time. Further, it is expressly acknowledged by each party that neither has any intention to make and application to the Child Support Agency ("CSA") for an assessment for either child, each party wishing the Court to be seised of all child maintenance issues. It further having been agreed by the parties that the Petitioner requires a global sum of maintenance for herself and the children of £30k per annum, to be increased in line wight her RPI. Further, in the event that a CSA assessment is made for either child, at a sum lower than the level of child maintenance payable herein pursuant to Order 2 (ii), such shortfall will be paid by an automatic increase to the Petitioner's periodical payments payable under Order 2 (i)(a) herein.
With regard to them needing to live with me... How can this be what was agreed and intended? You can see from another section of the Consent Order' below, they wouldn't be living with me on 'gap year' or whilst they are at University? And my son continues to be with me during holidays...
'And agrees promptly to pay E&M's respective university (or equivalent) tuitions fees and accommodation costs (or equivalent costs during any gap year) and otherwise to provide financial support direct to each child respectively during tertiary education (defined as university or equivalent establishment up to the end of the first degree or equivalent to include training for a professional or vocation) in addition to the level of reduced maintenance payable to the Petitioner on behalf of each respective child as referred to at Order 2 (ii) below. ' (This was the section I previously sent you).
Therefore they would never have been living with me anyway during gap year or whilst at University. So this doesn't appear to make sense. Plus my son lives with me during half of the holidays. Please can you clarify further. Thank you.