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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

  • takead
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02 Apr 12 #321306 by takead
Topic started by takead
I pay a mutually agreed amount in child maintenance to my ex-wife for our 8 yr old daughter. My ex has started co-habitating with a new partner and they intend to marry. The new partners income is considerably higher than mine. My question is am I expected to still pay the agreed amount now that she is in a much stronger financial position than me? Thanks.

  • Tets
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02 Apr 12 #321308 by Tets
Reply from Tets
Not knowing what you agreed it''s difficult to say.
If your ex were to pursue child maintenance through the CSA you would be expected to contribute a percentage of your income until your daughter was no longer a dependant no matter what her financial circumstances.

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02 Apr 12 #321309 by rubytuesday
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Welcome to Wikivorce.

The short answer is yes - this is because maintaining a child financially is the responsibility of the parents, not new partners or step-parents. If you are struggling to continue paying the mutually agreed amount, I suggest you use the CSA calculator to give you an indication of what that rate would be (15% of your net income, not allowing for any variations you may be entitled to).

www2.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

  • maisymoos
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02 Apr 12 #321310 by maisymoos
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child maintenance payable via the CSA would still be payable as it is based on your income not on your ex wifes financial situation.

Have you checked if the agreed amount is in line with what you would pay via the CSA. If you are paying more you could reduce payments to the CSA level. They have a calculator on their website that you can use to check.

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