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I have been separated for 9 years (divorced for 3) I have a consent order to pay 600 per month for my two children. I have paid ranging from 2,200 a month first two years then 1500 then 1200 up until the divorce a total of 160k! (Yes I know wow) my salary has been around 45k so I used all my savings I see my children approx 90 days a year. My ex is very difficult and has stop me seeing the kids before cos I reduced payment from 1500 to 1200 because I could no longer afford the payment. Question I have had a change in circumstance which means I now earn a lot less approximately take home each month 1800, I have commitments to a mortgage etc and have said I can only pay 480 not 600. I am expecting her to take legal advise. Can I use my past payments since we have been separated to support this or as its a consent order I still must pay 600 per month even though my employment has changed? Thanks EVS
Hi there
As you have a consent order that's over 12 months old, you can make a claim with the CMS and this will override the order. I would act quickly to avoid her application to court, once she has that, any decision on payments can't be overridden for a further 12 months.
Here's a link to the CMS calculator that will give you a rough estimate of what you should be paying
www.gov.uk/calculate-your-child-maintenance
Best of luck
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