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I have a consent order which includes a maintenance agreement stating that I have to pay until the child finishes A-Level. As far as I understood the maintenance agreement in a consent order is only valid for 12 months. Is that correct?
The consent order came into effect on the 4th of Mai 2019. I am always paying the agreed amount at the end of each month, in arrears. The 12 months since the consent was sealed (and incidentally the last year I have to pay as the child finishes school this summer) are nearly over.
As the agreed amount in the consent order is pretty high, especially considering the current situation, I want to have a recalculation as soon as possible for the remaining few months.
I'm aware that after the 12 months after the consent order was sealed, a recalculation with csm can be done whenever she opens a case with them.
So: If I make the last payment on April 30th, 2020 she would find out on May 31st that I stopped paying. Can she still make a claim for enforcement through the court as the court order was sealed at the 4th of May but the last payment she received was for April? Or is her only option to open a case with csa? Or would I need to pay for the 4 days that still fall within the validation of the consent order?
I just want to make sure that she can not make a court order anymore by that time, but only can go and open a case with csm.
hi,
i don't know much about this, but I would say to be on the safe side, stick with the consent order and pay until your child finishes A-level. better this way to avoid any grief. how much longer do you have to wait until A-levels is over?
I would contact CMS and ask exactly when school finishes now? Everything has changed so their opinion would hold weight as to when the calculation would be made up to. You can certainly open your own case with CMS - the order from court will, as far as I know, continue until overridden by CMS, so there needs to be a case open.
Thanks, yes, that’s what I found out now too.
I can start a case when the order is 12 months and 1 day old and it will override the order .
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