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Hi
I have a consent order for child maintenance in the county court where maintenance was calculated by reference to my income which varies as I am self employed. My ex decided to apply to register the order claiming that there were arrears but on the basis of the order this was not the case, as I had been paying more than I should have. The case went to the magistrates court and before the court heard the case an agreement was reached with her barrister to vary the order to provide a fixed sum each month. It was agreed that there wer no arrears.
The magistrates clerk said that the court had no power to vary the county court order and were only interested in enforcing the arrears that my ex had certified to be correct. They told her to apply to the county court to vary the mainytenace order. They adjourned the case against me for this to be done.
However nothing has been done by my ex and I want to get this sorted out. I have a copy of the new terms which were agreed which both my ex and me signed. I have started making the new payments.
It seems to me that as my ex has done nothing I need at least to apply to set aside the registration which is still, so far as the magistrates are concerned, in force and which they have to continue with if this is not resolved.
I cannot find anything about the procedure for doing this. Can anyone assist? Is it just a straight forward application to the County Court with some form of statement or affidavit setting out why the registration should be set aside? Any assistance would be gratefully received.
Thanks, JT
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