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CMS, Consent Order, Child Benefit
#1
Hello, I am new to the site, so my apologies if this is not an appropriate matter.  I divorced a year ago, and my consent order has been in place for a year and a day.  My ex coerced me into signing the original order (threatened to move my son away if I didn't agree to her terms), so I pay way too much maintenance (500 a month in spousal and 1,700 a month in child for our one son).  She earns almost 80k a year.  Anyway, I agreed always knowing that after a year and a day, I could have CMS do a review.  Based on the CMS calculator, my 1,700 a month in child maintenance would drop to 910 a month.  I fall into the 2 to 3 nights a week category in terms of our shared custody split.  And yes, I am a high earner, so I earn just above the 3,000 a week max for maintenance calculations.

Here is my problem, I called CMS to start a review, and it turns out that my ex never registered for the child benefit, and they have to use that system to validate my son's identity.  They also said that I could not register him since I am not the primary caregiver.  I spoke to my ex and she sees no reason to register him, as she knows that without his being registered, I cannot have CMS override the consent order.  She is completely against any change to our maintenance situation.  

What can I do?  What I try to register him myself?  I hate to use the word "force," but is there some way I can force her to do it?  I welcome any advice.
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#2
Hi, sorry to hear about your problems.
I don't understand why you are paying 1700 in child maintenance. It sounds far too much even if you earn 6 figures. In fact I think it exceeds the maximum allowed.

You don't have to pay a penny as it stands. The consent order applies to access and overnight stay of the children. It doesn't set the amount to pay.
You can stop paying the maintenance and that will force her to go through CMS. In that case the consent order you have will be the basis of how much you will pay.

Why do you pay spousal maintenance is another matter. I don't think that is right either if she earns so much. Have you spoken to a solicitor?
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#3
Hi, thank you for your reply. Our consent states that I’m to pay 1,700 in maintenance for our son and another 500 a month for her. It’s definitely a lot. She coerced me into signing it by dragging things out in mediation until she got toward the end of her lease in London and then threatening to move our son to Bristol (where her parents live) if I didn’t agree to her terms. My solicitor told me to call her bluff, but I didn’t want to risk it. I knew that I could have the maintenance lowered in a year, or so I thought. Now that she won’t register for the child benefit, CMS won’t do a review, so all there is is the consent order. One thing I considered was simply breaching the consent order and paying the CMS amount (or even just above it). She could take me back to court for the breach, but I think I could argue that I only breached because of her attempts to block me from a CMS review that should be my right. I don’t know.
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#4
Why don't you stop paying? The clause in the consent order for child maintenance has expired.
She can't take you to court for this.
Your solicitor ( hopefully you're not using the original one) should be advising you on this.
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#5
(09-25-2018, 06:45 AM)blah2335 Wrote: Hello, I am new to the site, so my apologies if this is not an appropriate matter.  I divorced a year ago, and my consent order has been in place for a year and a day.  My ex coerced me into signing the original order (threatened to move my son away if I didn't agree to her terms), so I pay way too much maintenance (500 a month in spousal and 1,700 a month in child for our one son).  She earns almost 80k a year.  Anyway, I agreed always knowing that after a year and a day, I could have CMS do a review.  Based on the CMS calculator, my 1,700 a month in child maintenance would drop to 910 a month.  I fall into the 2 to 3 nights a week category in terms of our shared custody split.  And yes, I am a high earner, so I earn just above the 3,000 a week max for maintenance calculations.

Here is my problem, I called CMS to start a review, and it turns out that my ex never registered for the child benefit, and they have to use that system to validate my son's identity.  They also said that I could not register him since I am not the primary caregiver.  I spoke to my ex and she sees no reason to register him, as she knows that without his being registered, I cannot have CMS override the consent order.  She is completely against any change to our maintenance situation.  

What can I do?  What I try to register him myself?  I hate to use the word "force," but is there some way I can force her to do it?  I welcome any advice
Apply to Court, to Vary the Consent Order.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#6
Just a quick calculation, but if you are earning 3000 per week, and have your son for 3 nights a week, you should only be paying £672 in CM
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#7
(09-25-2018, 06:45 AM)blah2335 Wrote: Hello, I am new to the site, so my apologies if this is not an appropriate matter.  I divorced a year ago, and my consent order has been in place for a year and a day.  My ex coerced me into signing the original order (threatened to move my son away if I didn't agree to her terms), so I pay way too much maintenance (500 a month in spousal and 1,700 a month in child for our one son).  She earns almost 80k a year.  Anyway, I agreed always knowing that after a year and a day, I could have CMS do a review.  Based on the CMS calculator, my 1,700 a month in child maintenance would drop to 910 a month.  I fall into the 2 to 3 nights a week category in terms of our shared custody split.  And yes, I am a high earner, so I earn just above the 3,000 a week max for maintenance calculations.

Here is my problem, I called CMS to start a review, and it turns out that my ex never registered for the child benefit, and they have to use that system to validate my son's identity.  They also said that I could not register him since I am not the primary caregiver.  I spoke to my ex and she sees no reason to register him, as she knows that without his being registered, I cannot have CMS override the consent order.  She is completely against any change to our maintenance situation.  

What can I do?  What I try to register him myself?  I hate to use the word "force," but is there some way I can for
Apply to Court on Spercific Issue, to get the Child Registered.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#8
(10-21-2018, 02:03 AM)lister Wrote: Just a quick calculation, but if you are earning 3000 per week, and have your son for 3 nights a week, you should only be paying £672 in CM

How do you come to that conclusion? The CMS calculator says £210 per week which over 52 weeks/12 is £910 per month.
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