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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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Revisiting Child Support

  • davecas
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12 Feb 08 #13719 by davecas
Topic started by davecas
I have been divorced since 2005, and remarried in August 2007. I look after my two step-children, because their father died, soon after we got engaged. I am paying an extortionate amount of child support, but no spousal support (I have 3 boys from my first marriage.) I have the boys for 5 days in 14 and almost half the school holidays, yet I pay over 30% of my salary to her, for the children.

My question is: now that my circumstances have changed dramatically, including a reduction in my salary, can I apply to have the support reduced? According to CSA calculations, I am paying almost 3 times as much as I should be!!

Please can someone help me - I am finding it hard to make ends meet, and my ex is using the money to feather her own nest

  • mike62
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13 Feb 08 #13722 by mike62
Reply from mike62
Davecas,
How did you come to be paying so much over the odds? Was it voluntarily? Did you have some agreement about nil spousal maintenance against enhanced child maintenance?

Under CSA, you would be paying 25% of nett salary, discounted by 2.5/7 for the time they spend with you.

If your salary has dropped, of course you should be seeking a reduction. You can't get a gallon out of a pint pot.

Child maintenance is a legal obligation with a prescriptive formula for calculation. Anything over that is dependant upon your ex's needs and your ability to pay. Your ability has diminished - her payment has to too.

Post some more background and someone will respond. Best of luck,
Mike

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