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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35039
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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As part of my divorce proceedings my ex wife and I agreed a

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As part of my divorce proceedings my ex wife and I agreed a consent order in respect of our pensions. In the consent order it clearly states that neither party can make any financial claims in the future on pension income. I was divorced in 2010. Child maintenance section say my pension income is taken into account when calculating my payments. This consent order was made by two consenting parties and promulgated by the court. Can the CMS override the consent order?

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The legal wording is always confusing I am afraid.

Your ex no longer has any personal claim on your pension or indeed anything else.

However this is about maintenance for the benefit of the child - not your ex - and I am afraid that yes the CMS can indeed take your Pension Income into account.

Indeed even if you have a greed a figure for Child Maintenance in the Order then after 12 months the CMS assessment would override it

Please ask if you need further details

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