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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2721
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband has a consent order and we would like to find out

Customer Question

Hello, my husband has a consent order and we would like to find out if the financial review referred to in the Introductory section (the bit before it goes on to say 'with effect from decree absolute it is ordered that') is enforceable given on first application to the court the judge revoked it and asked for the consent order to be resubmitted with the financial review wording taken out of the main body of the order.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. The details and information included in the recitals of the order are usually issues and agreements that the court has no jurisdiction to order, but are agreed between the parties. It is usual for these recitals to be agreed by parties giving an undertaking to the court that they will be carried out and if it is breached then the affected party can apply to court for breach of the undertaking.

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Customer: replied 1 year ago.
The annual review period passed last month and the ex wife did not ask for the financial review. Is the onus on her to ask if there was an increase in income? If she asks in three years time would any retrospective increases, had the reviews taken place, been owe?
Expert:  Harris replied 1 year ago.

Can you attach the consent order please?

Customer: replied 1 year ago.
Attached
Customer: replied 1 year ago.
If his income goes up I want to know if he definitely needs to pay his ex wife more towards children. If I want a baby any increase would be nice to keep for ourselves!
Customer: replied 1 year ago.
I currently have no children and my husband has no other children other than the three with is ex wife
Expert:  Harris replied 1 year ago.

Is your question in relation to paragraph 12?

Customer: replied 1 year ago.
Expert:  Harris replied 1 year ago.

Thanks - in relation to child maintenance arrangements, as part of a consent order after 12 months either of you can apply to the Child Maintenance Service for a recalculation of child maintenance and their calculation takes precedence over whatever has been agreed in the consent order.

From the contents of paragraph 12, it is not automatic and the Respondent must provide the Applicant the listed documents for a calculation to be agreed. Despite what it says in paragraph 12, legally after 12 months if his circumstances have changed and the CMS calculation is less than the child maintenance amount in the consent order, he should apply directly to the CMS for a calculation which will take precedence.