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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.


Do you need help sorting out a fair financial settlement?

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child maintenance

  • suelo
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24 Mar 08 #17566 by suelo
Topic started by suelo
can anyone tell me if a specific amount of child maintenance is on a court order, can he refuse to pay or lower it?? And would he have to go thru court to do that?? How easy is it??

  • sexysadie
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24 Mar 08 #17571 by sexysadie
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He would have to go back to court for a variation in the maintenance, and he might not succeed. He might even be forced to pay more. So it would be risky.

Sadie

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25 Mar 08 #17584 by Lady in Blue
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I was given to understand that the courts do not give child maintenance and that you have to go through the CSA.

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25 Mar 08 #17592 by Fiona
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Normally courts do not have the powers to impose child support now but it can be agreed as part of a Consent Order.

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25 Mar 08 #17646 by suelo
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thank all for the answers!! i have been very worried over this issue as we have been divorced for 6 years now. At the beginning we were still on riendly terms but now since he has net this bitch he doesn't want anything to do with the kids. When we got divorced, he signed the Consent Order that he will pay me a specific amount for the kids each week. I just get worried that he can just go and lower the maintenance but if he has to go thru court then cross my fingers, hope he will think it'll be a hassle and wont go and do it!!

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25 Mar 08 #17648 by ex=why?
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I'm a Dad who has no court order against him as yet, and am being advised by everyone that I pay far too much/month (approx 3 times what CSA would say I should)!!! and it cripples me each month. That said I love my children to pieces and will continue to do what I can for them, and if some of that is financial then that is my responsibility: I simply do not undertsand men who walk away from their children. The children are the wholly innocent parties in all of this and should be given the love they truly deserve. My advice for what its worth, as a man who's ex is demanding Heather Mills proportion monthly payouts from a salary that she well knows is a little over average wage, is simply be reasonable, as I'm sure you are. Don't demand the earth because it rubs us up the wrong way, but clearly don't sell yourself short. The CSA - is around 15% of monthly income/month for first child then 20% for second. Any decent Dad will do his duty by his children, any decent Mum will not demand he continues to pay for her haircuts!!! Good Luck...

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25 Mar 08 #17652 by loobyloo
Reply from loobyloo
ex =why
the courts do not rule on cm its csa and they have a limit so kids of high earners wll get max allowed through csa i.e. £1600 month.... sm is seperate and as interim order hard to split whats for spouse and whats for kids anything above csa guidelines has to go through courts in my experience
looby

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