The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

child maintenance payment

  • venti
  • venti's Avatar Posted by
  • Junior Member
  • Junior Member
More
11 Sep 19 #509611 by venti
Topic started by venti
Hi,


I just would like some advice please.

I'm recently divorced and made a finance Consent Order. The consent order was approved by court, dated 5th August 2019. Does this mean my ex should pay child maintenance from that month?

I only received a payment in the beginning of September. I would thought I should receive it from August?

He hasn't paid any maintenance before the consent order made, I guess there's no chance for asking backdated payment?

Thanks.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
12 Sep 19 #509613 by WYSPECIAL
Reply from WYSPECIAL
What does the Court Order say?

  • venti
  • venti's Avatar Posted by
  • Junior Member
  • Junior Member
More
12 Sep 19 #509616 by venti
Reply from venti
It only says ex needs to pay x amount /month and set up a standing order for that.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
13 Sep 19 #509629 by WYSPECIAL
Reply from WYSPECIAL
Does it not say what day of the month it has to be paid or when it is to start from? Is it in advance or arrears?

You could ask him for a payment for August but his understanding may be that he has complied with the order if it isn't clear.

  • venti
  • venti's Avatar Posted by
  • Junior Member
  • Junior Member
More
15 Sep 19 #509647 by venti
Reply from venti
No, it doesn't.

I'll ask him to pay from August and see what he says.

If there's no mention about backdated payment on the order, I guess I won't be able to claim it then?

Thanks.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
15 Sep 19 #509648 by WYSPECIAL
Reply from WYSPECIAL
venti wrote:


If there's no mention about backdated payment on the order, I guess I won't be able to claim it then?

Thanks.


It would seem unlikely or at least not worth the expense and time to get clarification from the court.

On a positive note it means your Court Order will last longer. They can be overridden by an application to CMS after a year which presumably won't be in your interests if you have agreed it via the court.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.