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consent orders

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caffery | 22:02 Thu 07th Aug 2008 | Law
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Does a consent order have a shelf life?
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Can you be a bit more specific? What type of Order? What type of matter?

Generally though, it will depend on the particular terms of the order.
Question Author
hi
the consent order is in respect of divorce proceedings and maintenance arragements. Agreement being made that maintenance of a specific sum be paid until children are 17
In that case, yes there is a shelf life, until the youngest child is 17. Presumably it is not being complied with? In which case normally in the main part of the order (the terms of settlement should be contained in a schedule to the order - known as a Tomlin order) there should be "leave to apply to put the terms of the said compromise into effect". Which means that if the maintenance is not being paid, you can restore the matter to court.
Question Author
ok hang on think wrong end of stick is getting got! this order has been complied with from day dot. I think sum duff information has been given by csa to the payer of the maintenance. Financial circumstances have changed and this person has the children a considerable amount of time ( time is split so that he has his children just under 50 - 50 split.) i understand csa have durastriction in more recent times, but this was an amicable agreement within the consent order which was made prior to 2003. im guessing a variation request to the order is necessary?
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p.s there is no dispute that this person should pay maintenance.They are very willing in fact to do so and have never withheld payment.
And thank you for your answers so far!

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