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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.

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Maintenance - RPI increases

  • maisymoos
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04 May 12 #328361 by maisymoos
Topic started by maisymoos
I have got a global maintenance order for £XXX less any CSA assessment.

This figure will be adjusted annually in line with the RPI. How does this work I assume it will be on the full global figure? and not the amount left after the CSA amount is deducted.

  • LittleMrMike
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04 May 12 #328382 by LittleMrMike
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I''d have thought you were right, though it would of course depend on the exact wording of the order.

Frankly I think that, at a time of wage freezes, indexing to RPI, from the point of view of the payer, is vicious.

LMM

  • somuch2know2
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04 May 12 #328391 by somuch2know2
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I totally agree Mike. I have not had a pay increase in 5 years, and bonuses of the ''good ol'' days'' of which my wife so much enjoyed are all dried up with just the tax remaining to be paid due to employer''s error.

Just because it''s legally right, doesnt make it so.

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04 May 12 #328397 by maisymoos
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I suppose it depends on how the maintenance figures were calculated, mine were based on reasonable need. If the shops, electric/gas prices etc etc go up. I still need to feed, clothe and provide a warm house for the children.

Perhaps an income link for some payers would be more appropriate but this would be impossible to administer and there is no visibility especially if irregular bonuses are received as in my ex''s case.

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04 May 12 #328412 by somuch2know2
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RPI affects everyone- if its hitting you its hitting him. It sounds as if you are already planning on an increase before your first SM/CM payment.

  • gotmysmile
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04 May 12 #328416 by gotmysmile
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actually I agree with maisymoo.

In the majority of cases, SM is given to the PWC. When parents have no pay rises, they (both) should tighten their belts. Children don''t stop eating or growing just because we don''t get pay rises. In real terms RPI or CPI affects both equally as the PWC has higher expenses with effectively less income - £100 today is worth less than £100 last year and especially if their own wages are frozen as well. Where you have the situation that BOTH parents wages freeze, who should bear the cost of the increased cost of the children?

If no increases were given because the NRP wages were frozen then effectively the children have less income to live on.

Of course, for the people like LMM who pay SM for adults, it is more difficult.

  • Fiona
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04 May 12 #328418 by Fiona
Reply from Fiona
To answer the question the exact terms are important but usually any increase or adjustment applies to the global amount. Of course "adjustment" implies there can be an increase or decrease depending on the index.

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