Child maintenance Annual revue

I am very close to a resolution with my impending divorve process at least as regards financial settlement.
However there is a requirement in my Wifes solicitors most
recent proposal that the child maintenance payments of 20% of my net salary ( For two children aged 8 and 9 ) be reviewed
Annualy. Obviously with a view to increase these payments
if my income increases.
I have no particular problem with this but I would like to know if this is in line with normal practice.

Regards

Hal

Hal,
Perhaps I am oversimplifying, but if your nett income goes up 10%, then the 20% of that nett income for child maintenance goes up comensurately. Similarly if it were to go down by 10% then so would the child maintenance.

Below is a link to the CSA private agreement form:

www.cmoptions.org/pdfs/CMO_Private_form.pdf

In the guidance notes, it suggests that you should determine a timescale for review.

Mike

Hal,

You might want to think of the long-term consequences of this...

One of the reasons my ex-wife and I fell apart was a fundamentally different outlook on life. I was a working class boy wanting to make good and she had several generations of middle-class parentage. This meant that in order to meet her expectations I ploughed a lot of energy into my career. What my ex-wife eventually realised is that she wanted somebody who would work 9-5 and spend lots of time with her at home, and I wanted to be with somebody who would support me in achieving my ambitions.

Had I agreed to peg maintenance to my income some years ago I would now (after lots of hard work and some business success) be paying a small fortune in maintenance. My present wife has made all the sacrifices to facilitate my career and deserves to reap the rewards of this.

Yearly review is fair, but having it tied to your income may have long-term unintended consequences depending on your age and circumstances. However (and it is a big however) if you opt to work on the basis of review based on living costs, your ex would have a reasonable point of view that it is your risk if your income drops.

Phaedrus

Phaedrus,

We are talking about child maintenance here.

If Madame Jemapellehal takes umbridge with his private proposal now or at any time in the future, she can take him to the CSA, where he will be bound by the fixed percentage that I was highlighting previously.

For 2 dependant children it is 20%, no negotiating, a statutory obligation with a possible attachment of earnings.

I wonder if you were meaning spousal maintenance?

Mike

Hello Mike and Phaedrus.
Well Mike your point concerning the CSA is the moot
one. I will be living very close to my Wife soon and am also taking a big risk Employment wise. High risk but with possible high reward. The reason I am doing this is due to
the very large mortgage along with child maintenance I will
be paying out. My Wife has naturaly the much bigger share of the cake. I do appreciate that I am one of the lucky ones
and can at least get into the housing market at some level although at
Much lower than my asperations so therin lies the desire
to earn at a much increased level.
OK I've gone on a bit

She will know if my earnings significantly increase and I have no doubt that Madame will seek an increase in Child maintenance under those circumstances so I may as well agree
to the Annual review.
However I take your point Phaedrus and my circumstances
are not too dissimilar to the one you describe.
I have been the one for years working 40 to 80 hours overtime a Month, many nights away and ploughed money
into our Family.
Madame refuses to go back to full time employment
even after the Divorce which she can easily do.
We have differing work ethics
So if my gambit pays off she will benefit whilst remaining
on her derrier ( Sour grapes I know ).
I think I should agree to the review and although I do not
respect her attitude to work I don't hold any ill will
towards her. I should say I do appreciate the effort that
she has put into bringing up the children and consider
our input as equal up untill now. It's just the present situation as regards her working that I find questionable.

Regards

Hal

Oh believe me Hal, Madame 62 is in for one almighty shock soon. She will have to learn very rapidly that money, whilst made of paper, does not in fact grow on trees. She will also have to learn the concept of 'When it's gone, it's really really gone'. And possibly 'If you want more, you have to go earn it'

Like you, I was the 'workmybitsoff' provider in our marriage and Madame 62 got used to a very cushy lifestyle.

Sadly, that chapter is closing for her, but I suspect that she hasn't been reading, just skimming. Bit like our business.

My concern for the child maintenance with you is that if she doesn't like what is happening, she can stick one on you through the CSA. Just wanted to be sure that you understood that.

Best of luck

Mike

Don't see why a review should be bad.

I made sure my argreemt had plenty of review clauses.