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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.


Purposely increasing tax to pay less

  • missguided
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13 Sep 12 #355663 by missguided
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Hi

I am planning on sorting out CM via court order (simply because this is his arrangement with 2 children from his previous marriage, so easier just to do this than drag all of it through CSA).

However, regardless of if through CSA or court order, i will obviously receive/deduct a % of any increase/decrease in his wage.

However he has said that he is due to change his company car and he may look to get the car with the highest tax payable on it (due to ridiculous emmisions) and equally as ridculous tax on fuel benefit, purely to ensure i then cant claim so much from him.


Is there anything i can do about this? Whilst i appreciate he is entitled to a new car, i dont think its fair that i will have less money to support our 5yr old just because he chooses a car that will on purpose substacially increase his tax?
He knows if he replaces his current car like for like his tax will actually go down slightly as now more emission friendly.

Any thoughts or help appreciated
Miss

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13 Sep 12 #355684 by Child Maintenance Options
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Hi

Thanks for your post

When parents make a child maintenance arrangement through the courts, this is known as a Consent Order. With a Consent Order both parents need to agree an amount together and the frequency of the payments. This can be done with the help of a third party and then the court judge decides if the amount looks fair and reasonable.

All parties will consider the child support formula in deciding what amount is reasonable. Once a decision has been made the courts can turn the court agreement into a Consent Order. After this the non-resident parent is legally liable to pay the amount the court has endorsed. However, the court does not monitor or collect payments so the parent with care will have to get legal advice around non-payment unless they''re happy to accept this. You can use the child maintenance Options calculator to get an idea of how much you''d get from the Child Support Agency (CSA), and then use this amount as a starting point for a chat about working it out between yourselves.
www.cmoptions.org/en/calculator/calculator.asp.

For more information about how the CSA work out child maintenance, visit www.direct.gov.uk/childmaintenance, or if you''d prefer a confidential chat you could call the child maintenance Options team on 0800 988 0988 (free from a landline).

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13 Sep 12 #355696 by missguided
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I should probably also mention that we have already agreed an amount, but this will be reveiwed annually based upon any increase/decrease in wage.
It is after this year is up that i potentially would get less as he has this new car.

Miss

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13 Sep 12 #355698 by u6c00
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Surely the only tax that''s affected by the emissions is vehicle tax. That only makes a difference of a couple of hundred pounds a year.

tax emissions chart

If he picks a car with high emissions it''s going to be a fuel guzzler. It might get him £30 a year off the child maintenance he has to pay but it''s going to cost him hundreds in additional fuel.

I know that someone so pig-headed isn''t going to listen to reason but hopefully you can take some satisfaction in knowing that it''s going to cost him an awful lot more than it''s going to cost you.

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17 Sep 12 #356260 by missguided
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Hi U6

The problem is that he doesnt pay for his fuel (only as a tax benefit) so he doesnt care about fuel cost, infact it works better for him as thats even more tax, therefore less i get!

When i say he is going for a heavier tax car, he is probably (short of going for a super car) looking at one of the highest emission cars you can buy!

Oh, well, looks like i may just have to suffer....damn it!

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