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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Child maintenance

  • CDW
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09 Mar 25 - 09 Mar 25 #525472 by CDW
Topic started by CDW
I got divorced in 2021 and had a court order in place where I agreed to pay my ex-wife an amount for child maintenance until he was 18 (he was at the time not in full time education). My son decided to go to school and take A levels and I got a shock when my ex was able to go to the CMS who have to power overturn the court order and force me to contine paying past when he was 18. Not fair as the whole settlement for me was based on this stopping when he was 18. Be warned your court order can be overturned after 1 year. My question is when my son starts his exams in May he will be attending school for less than 12 hours per week. Looking at the ridiculous way they have 4 points in the year when CMS stops I want the payments to finish at the end of May not August as my ex seems to think. Should the entitlement stop when my son is not longer attending for 12 hours or more per week (only attending for up to 3 exams at around 2 hrs each)? Any help would be appreciated.
Last edit: 09 Mar 25 by CDW.

  • Rickoshea
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10 Mar 25 #525473 by Rickoshea
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I think normally it would be hard to justify anything other than the academic year finishing in June/July for most which always takes it past the May cutoff. I think the 12 hours could easily be regarded as an average across the term rather than on a month by month basis.

In a similar boat and trying to understand how it is treated when payment is in advance but my assumption has been that if payments are made in advance each month for example then my July contribution is effectively the last as the August one would be for September. So maybe small consolation for you that it's 2 extra payments until your commitment potentially ends

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10 Mar 25 - 10 Mar 25 #525474 by CDW
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Rickoshea, Many thanks for your prompt response, I will at least give it a try and see if they accept that my son actually technically stopped full time education in early may and see where I get.
Last edit: 10 Mar 25 by CDW.

  • WYSPECIAL
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11 Mar 25 #525476 by WYSPECIAL
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If it’s via CMS it will finish on the first Monday in September. Or 20th birthday if that is sooner.

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11 Mar 25 #525483 by CDW
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WYSPECIAL

Thanks for taking the trouble to reply, much appreciated

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