“Pound for Pound” Clause in Consent Order

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  • #43980 Report

    L. Bloom
    Participant

    Hi everyone

    I’m scratching my head on this and wonder if anyone has any advice. I’ve been divorced for about 4 years. I’ve two daughters, one of whom was kicked out by her mum last April and who has been living with me since.
    In our Consent Order there is a clause for Spousal Maintenance for 2p per annum which increases to the amount stated should I go to the CMS (I did). The CMS claim I should be paying a lot less, but I‘ve kept up the original amounts for fear of falling foul.

    But with my eldest kid living with me, is the Consent Order now somewhat broken by mum not keeping to the original agreement of being main care giver to both children? My eldest is definitely with me until college now. Mum has gotten rid of her bed at hers. Both kids need caring for financially but need I carry on paying the same amount to their mum, regardless of the changed circumstances?

    Has anyone any experience with this? Should I just pay half the amount? Should I attempt to change the Consent Order (is that even possible?)? Should I go by what the CMS says (I’ve been told that it trumps the CO in any case, but I’m not sure I want to test the veracity of this!)?

    A lot of questions here but I’ve searched online for a comprehensive explanation of what this “Pound for Pound” clause entails and how enforceable it is over the CMS but there is nothing that fully satisfies.

    Also important to say that I love having my child with me! She’s no burden in any way and she’s a lot happier now too.

    #43986 Report

    Littleproblems
    Participant

    Your poor daughter, Im glad she is happier with you.

    In my opinion there is no way you should be paying the same amount. Contact the CMS and perhaps look at Wikivorce or talk to a solicitor about getting the CO changed, its unfair on you and your ex is still benefiting from the money that is meant for your daughter…

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