Re:How to deal with an uncooperative ex

There is a lot of confusion about the twelve month rule. A child maintenance agreement included in a consent order is valid until the term stipulated ends or the order ceases to have any effect.

The term is usually until the child leaves full time education, or reaches 18 or finishes uni etc.

Either party can apply for a CSA assessment a year after the date of the consent order, the CSA notifies the court and only then a couple of months later does the consent order in relation to child maintenance cease to have any effect.

Until that point the consent order is valid and the court has the authority to enforce arrears of the child maintenance like any other debt. s10(3)(b) Child Support Act 1991 makes provision for the court recovery of any arrears under the child maintenance agreement in a consent order which fell due before the coming into force of a CSA maintenance assessment.

The problem in this case is that enforcement can be a bit of a hassle, the terms of the child maintenance agreement are vague, the court has no powers to vary the order and enforcement would depend on the judge's interpretation.

Looking forward to the Karma action

The consent order says "and upon the husband agreeing to meet J.... extra curricular activities and associated costs, currently football approximately £25.00 per month, but not limited to that, by way of regular monthly payment to be adjusted quarterly, the costs and the activities to be reviewed quarterly"

This is in addition to the basic CSA calculation for child maintenance.

I am asking him to fix the amount at the average of the expenditure over the last 18mths as the quarterly arguments and the occasional stopping of funds is difficult for me to cope with. I thought it would be in keeping with the 'clean break' we had both wanted....

My Consent Order stipulates that child maintenance will be paid until our son completes tertiary education. Are you saying that he could take this to the CSA and reduce the term?

It is not the maintenance amount I am querying - he pays the basic CSA calculation (although I am taking him on trust that I get that!).

It is a clarification of the terms of the additional activities I am considering taking back to court - it sounds as though it may be too open to judge's feelings on the day

After a year and 1 month my understanding is that he could go to the csa and ask them to re assess the amount of child maintenance he should be paying.

As its written into the consent order that he pays for additional costs, not sure how that works, assume its some form of spousal maintenance so you would have to ask a court to re enforce that payment. Although a court may say its child maintenance so wouldnt get involved.

As to the length of the term, the csa can only enforce payment until the children leave secondary education, but again if its included in a consent order I assume you could get the court to enforce that part if necessary, although it might mean that the 'child' would actually have to make the claim.

Thank you. I am still hoping to persuade my ex to compromise rather than risk the court experience

I've just had an email from my ex accepting my suggestion of a low fixed payment so that I no longer have to ask his permission or provide a monthly spreadsheet of expenditure.

It's taken 6 months but goodness it feels good

Thank you as always for your support.