Hi, thank you for your question. Has the consent order been approved by the court, if so when was it approved?
Are you able to attach a copy of the order as the specific wording regarding the child maintenance is required.
Sorry, when was the consent order approved by the court? you stated 2016 in the first post and the further post states 2014?
Thanks for confirming. As the settlement and order was made by consent, after 12 months either of you would be entitled to formally apply to the child maintenance service for a formal calculation which will supersede the agreement in the order. However, he does not appear to have done this and seems to have changed the amount just by using their calculation which he cannot do. There has to be a formal calculation and decision by the CMS. Until this is done he is bound by the consent order.
Furthermore, the consent order does not specify that the exact CMS calculation criteria should be taken into account - for example the CMS will take into account the amount of nights, on average that the children stay with him and the amount is reduced relative to this. The order does not explicitly provide for this and only states a percentage amount - therefore this may be why the amount has reduced based on the CMS calculator.
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