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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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When does a consent order stamped by the court become invalid?

Customer Question

When does a consent order stamped by the court become invalid? Originally the maintenance was not organised through the CSA, a fair amount was agreed by myself and my ex husband. He emailed me to reduce it in 2011 as he now lives with a woman who also has a child. There is also a clause in the consent order where he is meant to have looked at the Retail Index Price each year and adjusted payments accordingly, which he has never done. I am single Mum who runs own business but struggling financially - can anyone help please?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your questions
The Order remains in place until it is dismissed or varied by the court - or until the child maintenance provision is replaced by a CSA assessment.
You are entitled to apply to enforce the last 12 months of the arrears if you so wish
Claire
Customer: replied 3 years ago.

It was stamped in 2009, is he not in breach of the order as it clearly states he is responsible for looking at the RIP each year and hasn't done so?


This is something that I don't particularly want to go through the CSA as I do have to work a couple of nights a week and therefore my ex husband has him for three nights and I have him for four nights. However, my job enables me to be flexible and I have him every day through school holidays which means we don't have to pay for child care. If I apply to enforce the last 12 months of the arrears, how do I do this? Is there anyway of protecting me as a single Mother who does need to work, or could I ever be in the situation of losing my son because I work two nights a week? I fit my business around my ex husbands work as it is. What age can a child decide who they want to be with as he is 9 now and although of course wants to see his Dad, has told me he would rather be with me

Expert:  Clare replied 3 years ago.
Hi
Why are you concerned about losing the child - has your ex threatened this?
How much are the arrears?
Claire
Customer: replied 3 years ago.

With all respect you're not answering my questions. Please can you look at what I'm actually asking. Thank you very much.

Expert:  Clare replied 3 years ago.
Hi
I asked the question as the amount outstanding effects the possible enforcement measures
Claire
Customer: replied 3 years ago.

Well, since 2009 the RIP supposed increases equate to around 3-4k over the years and he reduced the child maintenance in April 11 from 400 to £300 per month. Therefore £2000. I earn approx £30k per year and he earns approx £80k, he claims not to have had a salary increse in the last 5 years. What do you think?

Expert:  Clare replied 3 years ago.
Hi
The RPI for the past three years has been 4.8 4.8 and 3.1 - so my my rough reckoning you are owed about £3700 or so.
Assuming that his salary is £80,000 gross his CSA assessment would be (roughly) £325 a month
You need the specific permission of the court to enforce arrears which are more than 12 months old - but even they amount to just under £2000.
Your enforcement options are set out here
http://www.compactlaw.co.uk/free-legal-information/relationships-family-law/enforcing-maintenance-orders.html
If he is employed rather than self employed then an Attachment of Earnings Order would be effective
Claire

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