Our daughter is 18, living on her own and our son is 17 living with his father during the term time and spending half the holidays with me. The Consent Order has been in place for over 12 years. It is my understanding that a Consent Order cannot be unilaterally changed and therefore if my ex wants to change it then he has to go to court. I currently spend the amounts he gives me on taking them on one holiday a year and on meals etc when I take them out.
Yes my son now spends more time with his father than he does with me. My daughter has been bought her own place by her father. She now only visits me, occasionally staying the night before coming on holiday with me.
Since my daughter left school in August 2014, he was paying £1,486 per month (£374.01 for daughter and £1111.99 for son). He unilaterally cut it in October to £742 per month (outstanding £747 per month). At end of April cut again to £372 (outstanding £1,114 for this month). Currently £6,297.98 outstanding.
Please can you clarify why the Consent Order cannot be enforced. It states in the minutes-
'The respondent do pay or cause to be paid from the first day of the month immediately following the making of the orders herein periodical payments to the Petitioner for the benefit of E at the rate of £10k per annum and for the benefit of M at the rate of £10k per annum monthly in advance until each child respectively reaches the age of 18 or completes full-time secondary education, thereafter decreasing to one third of the annual sum payable immediately prior to the 18th birthday or upon completion of full-time secondary education (whichever is the later), monthly in advance for any gap year period and during tertiary education (up to the end of the first degree or equivalent) or for as long as the said child is receiving instruction at an educational establishment.'
It makes no mention as to the monies only being paid where the children are living with me. Indeed whilst they are at school, boarding or otherwise or at University they would not be with me anyway. The intention in the minutes of the Consent Order was that I had some money that I could spend on the children in order to maintain a relationship with them. Surely this stands whatever the circumstances are as I only have have a very very small income whilst my ex is worth at least £50million. Should I be penalised because he is wealthy enough to buy them their own properties? Am I correct in assuming that no judge in this land would make me pay him anything given these circumstances?
Given these details above which course of action would you suggest?
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.