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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.


Maintenance payments?

  • Wheelnut
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05 Aug 12 #347439 by Wheelnut
Topic started by Wheelnut
My Consent Order dictates maintenance payments until the end of secondary education but when is that?

My son finishes six form this year (July) and starts university (tertiary education) in late September therefore my maintenance payment to myex wife should fall from £650 to a third less £433 but when?

I have two kids aged 9 and 16. My second eldest son starts six form this autumn therefore still in secondary education.

My ex wife wants me to maintain full payment due to my elst son not having a job and not starting uni until nearly October.

I am currently nemployed living off redundancy payments and looking for another job.

Please advise...

  • happyagain
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05 Aug 12 #347441 by happyagain
Reply from happyagain
Your son is technically a student at his school until the end of August but he is not actually attending anymore. This makes this rather a grey area as there is no right or wrong. It would not be worth your ex''s time or money taking you back to court for payment of 2 months that the judge may not order anyway. This is really something you need to point out to her and come to some joint agreement.
You may also wish to contact the csa if you are not working and your Consent Order is over a year old. They have the authority to overrule any court order older than 12 months. Your redundancy money is exactly that, and is not classed as income, as I found out when my ex was made redundant. You can then restore maintenance when you find work.

  • MrsMathsisfun
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05 Aug 12 #347442 by MrsMathsisfun
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Child benefit is paid until 31st Aug, so I would think that after that you can reduce the cm.

  • Fiona
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05 Aug 12 #347443 by Fiona
Reply from Fiona
IT would normally be reasonable to continue to pay until first week September after the child leaves school which is when Child Benefit stops and child support ends under CSA rules.

However, if you are unemployed you should consider negotiating a reduction in the amount you pay or apply to the CSA. With Consent Orders dated after 3rd March 2003 either party may usually apply to the CSA 12 months after the date of the order. Exceptions are when there are step children or one parent lives abroad. The CSA would carry out an assessment, notify the courts and the consent order would cease to have any effect in regard to child maintenance.

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