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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.


CSA3 and shared care

  • thingy01
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08 Aug 12 #348178 by thingy01
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Hi

Can anyone help with the following?

I think I have read that under CSA3, that where care is shared evenly between parents, that neither will have to pay the other anything. Can anyone illuminate this? Is it true? What are the calculation rules?

Thx

  • minxy1912
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08 Aug 12 #348179 by minxy1912
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thats how i understand it,yes.x

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08 Aug 12 #348215 by WYSPECIAL
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Also one thing I noted on reading through is where there is an argument about shared care they will assume NRP has children 1 night per week and adjust assessment accordingly until proved otherwise!

A step in the right direction at least.

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08 Aug 12 #348246 by thingy01
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This seems like very good news indeed. Is it for definite? I ask because there seems to be different views.

Can anyone say how the 1/7 rule will work in this regard?

Another question (not sure if it should go on another thread) - is it true that CSA cannot rely on Child Benefit receipt to determine who is the (so called) PWC? I think I read that it depends on who the child stays with but the popular misconception (including CSA staff) is that it depends on Child Benefit.

Thanks

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08 Aug 12 #348313 by WYSPECIAL
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Shared care
65.
The new scheme will continue to take account of shared care, so that a non-resident parent who is involved with the care of their child will usually pay less maintenance. The Regulations will allow the Commission to make an assumption about the amount of shared care in cases where there is no agreement between the parents, no court order that sets the amount of contact or where there is insufficient evidence of any established pattern of such care. The absence of firm evidence often causes difficulties for caseworkers. In such situations, the Commission will assume an amount of shared care equivalent to one night a week, resulting for most cases in a reduction of one-seventh in the maintenance due.

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09 Aug 12 #348373 by thingy01
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Thanks Wyspecial

exploring this a bit further - if my kids are with me 3.5 days a week then neither parent pays the other anything? Because care is shared?

Thx

  • Child Maintenance Options
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10 Aug 12 #348659 by Child Maintenance Options
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The Government are proposing changes to the new child maintenance service so that where care of the child is shared equally between both parents, neither parent would be responsible to pay maintenance. There is a view that parents with equal shared care will be able to make their own family based arrangement.

To find out more about family based arrangements please visit www.cmoptions.org.

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