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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.


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Child Maintenance

  • Lemole
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01 May 07 #143 by Lemole
Topic started by Lemole
Hi,
Good to see such a help forum!

My partner has three children, all under 16. We are in Scotland but as this question refers to the CSA thought it ok to post my question.
Divorce is not yet finalised but recently my partner contacted them to have them legally assess what he should be paying bearing in mind that maintenance had not been increased for around 3 years and she had no idea of the amount she was actually entitled too. He had been providing approx £650 per month (25% of his earnings supposedly) and assessment by CSA in now £550 per month. After some discussions with CSA they let slip that her ex partner is putting around £1000 per month into AVC's and pensions (even they were surprised). It had been approx £500 when they split over 3 years ago. He earns a significant salary of around £45K per annum before tax etc. They were married for 12 years, she works part time on a low salary. She has residency and he has contact overnight for two days every fortnight.
Is this possible? My partner is not keen to go to appeal but obviously if there is no cap on how much can be put away in pensions and AVC's then he will just continue to keep upping his contributions and my partner will recieve no increases at a time when the childrens costs are increasing.

Hope that you can respond to this, I have other questions relating to financial aspects of an agreement which is being thrashed out but I will post these another time.

Many thanks in advance

Lemole

  • DownButNotOut
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02 May 07 #147 by DownButNotOut
Reply from DownButNotOut
According to CSA rules pension contributions are excluded from income assessed and so you partner's ex has clearly taken advantage of this to retain income.

If the CSA are already aware of this and it did not raise a red flag with them regading breaking rules or cheating the system then i'm not sure what else you can do.

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02 May 07 #150 by Lemole
Reply from Lemole
Exactly!

So taking the arguement to the extreme, with the change in pension laws last year, caps on how much people could invest in their pensions are now lifted and there is no cap, what is there to prevent the situation wherby he invests as much as possible in his pensions leaving as little or nothing at all in the pot to provide for his children now, exactly when they need it! What is to stop him living off his new partners salary and putting it all away thereby leaving nothing available in the pot to pay for his kids.

This is a ridiculous situation and the law that permits it even more ridiculous.

Surely it cannot be right! The appeals process for the CSA threatens right at the beginning that you may and probably will get less if you appeal. Not exactly comforting for the person who is appealing. Additionally, it is then up to the person with the care of the children to fight for what should be a natural and legal entitlement. Why can children not be provided for first before money is squirrelled away for retirement when their needs are immediate and now, not in the future.

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04 May 07 #157 by kitkat
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You are right that the pensions simplification has opened up this issue, however it is also true that your ex is not in any way cheating the system. There may also be good justification for increasing pension contributions anyway if insufficient has been put in earlier on - a rcent guide I saw suggested that people should be putting in a percentage equal to half their age per month.

In the new CSA calculations in the discussion paper, the CSA calculations are based on gross pay (10% for the first child, 15% second, 20% third), so it will be addressed...within the next four years!

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04 May 07 #158 by kitkat
Reply from kitkat
You are right that the pensions simplification has opened up this issue, however it is also true that your ex is not in any way cheating the system. There may also be good justification for increasing pension contributions anyway if insufficient has been put in earlier on - a rcent guide I saw suggested that people should be putting in a percentage equal to half their age per month.

In the new CSA calculations in the discussion paper, the CSA calculations are based on gross pay (10% for the first child, 15% second, 20% third), so it will be addressed...within the next four years!

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