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.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
Can you attach the consent order please?
Is your question in relation to paragraph 12?
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.