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TOPIC: can’t get a straight answer...

can’t get a straight answer... 4 months 1 week ago #100461

Hello all.
I have a question that I just can’t get a definite answer to and I am hoping someone here can shed some light on my situation.
In the recitals of the consent order it states:

The parties further acknowledge and agree that in the eventuality that the applicant changes his employment prior to the termination of the maintenance payments set out in paragraph .... above, then the quantum of the child maintenance paywall be recalculated.

I am planning to take unpaid leave for three months and therefore won’t be getting a salary and therefore won’t be paying any maintenance. But I am not changing employment as it states in the order.
Does the phrase from the consent order cover me for not paying for three months?
What can she (other party) do and what would be the consequences for me?
Can the court force me to pay for the three months were I don’t have any income if she pursues it through the court?
Can the court force me to pay if the phrase about change in circumstances is only mentioned in the recitals?
Can I be forced to having to pay back the money from the three months were I haven’t got a income once I start earning again?

I just can’t seem to get the answers to these questions and I need to know before I apply for unpaid leave.
If anyone can shed some light on this or point me in the right direction I would really appreciated it.
I spoke to the CSA people but they can’t give me any advice ....

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can’t get a straight answer... 4 months 1 week ago #100475

hi,

if your not registered with child maintenance, then i urge you to do that. all the stuff written in recitals of consent order can not be enforced and is often not taken seriously. my recitals like a page long of garbage thanks to the ex.

once your with CMS, you can tell them your taking unpaid leave and give evidence for that, and you wont have to pay maintenance while your out of work. but when you start working again, it will come back to bite you in the butt, as CMS will expect you to make back-dated payments for the length of time you were out of work.

others on here have been taken to court by ex, over maintenance payments, but said after 12 months, they went and signed up with CMS, and CMS overwrites whatever was settled in court. so its just better if you sign up to CMS ASAP.
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can’t get a straight answer... 4 months 1 week ago #100481

  • Mojo
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It’s true... once a court order for maintenance has been in place for over 12 months, it’s possible for either parent to open a case with the CMS, which will override the previous court order.

Best of luck
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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

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