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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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1/7 discount on child support

  • andyp
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07 Nov 07 #6089 by andyp
Topic started by andyp
Can anyone tell me if at the FH when the Judge sets the maintenance figure, is it broken down into whats child maintenance and whats spousal maintenence, and if so am I automatically entitled to the CSA 1/7 discount per night I have them (currently 2 nights a week) off the childs portion. Or if the judges just sets a figure, say £500, would I still get a deduction on that for nights the kids stay?

Thanks

  • DownButNotOut
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07 Nov 07 #6090 by DownButNotOut
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I can only go from my own experience at FH. The judge did break down the maintenance into Spousal Maintenance and child maintenance.

The child maintenance figure is set by the judge based on all the circumstances. It is not necessarily the same figure that the CSA would set.

The CSA use a strict set of rules.

The judge uses his discretion.

Both ought to arrive at a similar figure but it won't necessarily be identical.

Also the length of time for which the payments must be made may differ between a court order to a CSA ruling.

Again CSA apply strict rules, judge makes up his own mind.

The important thing is to make sure you mention in court that you have the kids 2 nights a week so the judge can take this into account. Just don't expect him to necessarily uses the same 1/7 rule.

  • Fiona
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08 Nov 07 #6121 by Fiona
Reply from Fiona
Just to clarify, unless there are certain circumstances such as the NRP living abroad and working for a foreign company a court doesn't impose child support. CM can however be agreed in a Consent Order.

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08 Nov 07 #6123 by loobyloo
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Hi
I was under the impression that cm was not set by courts... thought csa did that and only sm set by judge... i am in the court system and my sol told me to contact csa too... confused again looby x

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08 Nov 07 #6130 by DownButNotOut
Reply from DownButNotOut
As I said my reply was based on my own experience at Final Hearing and I happen to be NRP living abroad working for a foreign company.

  • Mike789
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08 Nov 07 #6150 by Mike789
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The courts can make a Segal or Connell Order. These orders enable the Court to order maintenance providing for the needs of a family as a whole by way of a global sum which is to be reduced by whatever the CSA calculates to be the maintenance payable in respect of the children. A Segal is a temporary order and a Cornell is of course the long term position.

Such orders can however only be made where the PWC has a substantive maintenance entitlement and not where there is a Clean Break (Dorney Kingdom vs Dorney Kingdom 2000).

Where time is short do not forget to consider a consent interim or even nominal order for periodical payments which can be varied when an overall settlement is reached (or not) This also protects the family against the 12 month and a day rule which allows parents to approach the CSA after 3rd March

Mike 2003.

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08 Nov 07 #6157 by Fiona
Reply from Fiona

I happen to be NRP living abroad working for a foreign company.


I remembered that.:cheer:

Other circumstances when the courts rather than the CSA have jurisdiction are when there's a step-child who is a child of the family, maintenance for over 18s in education/ training or when the NRPs income exceeds the amount assessed by the CSA.

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