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History: Home UK Divorce Forum
Topic:
Child maintenance etc. (2 Posts)
Started By:
Date:
19 January, 2017 01:37PM
Child maintenance etc.
LizzieB2017 - 19 January, 2017 01:37PM
Hi all,

My soon to be ex and I have agreed on child care arrangements and have used the CMS calculator to work out monthly child maintenance - note that he very much disagrees with the amount and doesn't believe I need that much to care for the children. He thinks I'm going to use it for myself! All will be put into a consent order fairly soon.

My ex raised the issue of whether if in the future, he has the kids more frequently that what we've agreed, will the maintenance amount go down. I assume if he asked the CMS to recalculate that in theory it could. Maintenance will be linked to RPI and I anticipate he will have pay rises in the future. He also asked whether there would be any situation where I (main carer of the children) would need to pay him maintenance. Surely not?

Firstly, I don't ever anticipate that he will care for the children for more than 2-3 nights per week on average annually so I said it was a silly question. Also, I'm taking on sole responsibility for the family home which has a substantial mortgage and he will only be paying the minimum child maintenance and nominal £1 spousal maintenance per month. He will be having a full clean break whereas I will leave nominal spousal payments live until my youngest is 18.

There will be no court order re: the children.

Thanks
Re: Child maintenance etc.
davidterry - 25 January, 2017 06:31PM
>>He will be having a full clean break

No, he is not. It is proposed that he pays you £1 nominal maintenance. That is the exact opposite of a clean break. A clean break means all claims for spousal maintenance are formally dismissed once for all. That is not what is happening here.
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