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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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New job & child maintenance payments

  • mcvw
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06 Jun 12 #335412 by mcvw
Topic started by mcvw
Hi,

I''m hoping this is a really straightforward question :)

I have just started a new job and fortunately my salary has been increased. At what point do I have to disclose this detail to my ex, and as a result update my child maintenance payment?

I''ve included some background info'' below if it''s of any help :)

Thank you,


Mike

Background:

- Since we separated in Apr 2009 we have had a child-maintenance agreement and I have been paying the amount as per my salary and the csa/child maintenance calculator (considering the number of nights I see my children)

- We were divorced (DA) in Jan 2011

- We have purchased a final/Consent Order (via this forum) but my ex has yet to provide her details and hence this has not yet been submitted.

  • fairylandtime
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06 Jun 12 #335421 by fairylandtime
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Hi there

I would get the Consent Order sorted as soon as possible, some are lucky to get is sorted befor the DA as for me it took another 6 months to agree & then 6 months to get all signed & sorted.

As for the CSA I would check the calculator on your new salary & see the difference, if it is higher & you are going through the CSA inform them & get it changed. The CSA is for the children & I would always recommend paying what is needed for the children. No way that say your x could use this agains you "your dad don''t pay enough CSA" etc.

You could try to use any CSA increas to also spur on the Consent Order using the premis that ... Lest get this finally sorted.

But when you get to the finance even the most amicable people can become worst enemies - but it as to be done.

JJx

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06 Jun 12 #335430 by mcvw
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Hi JJ,

Tell me about it. I want it all done and dusted and have been trying to get the Consent Order sorted for over a year now.

The problem is that the ex keeps changing her mind over ''what she wants'' and as a result never has completed her parts of the forms.

And without completion of her input I don''t think the Consent Order can progress. So for the unforeseeable future I''m in somewhat financial limbo :(

I''m not sure if this is correct, but I remember reading (or perhaps hearing?) somewhere that if nothing financially is in place after a ''defined time limit'' then the current state/situation becomes ''the norm/accepted'' and any future claims don''t hold as much weight?

But like I say, I don''t know if this is correct, or me just hoping :)

Thanks again,


Mike

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06 Jun 12 #335448 by fairylandtime
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Hi mike

My x just dragged his feet both with the CO & then doing what we had agreed to, even to the point where I was just about to take him to court as he had not done something in the number of days he should have ... All more cost & more pain getting it sorted.

But it is all done now :woohoo:

I am not sure about it eventually leading to the norm due to perceived agreement by non contending etc, works in terms of contracts of employments but not sure re legal orders.

You can chase & force the order though, not sure how tbh but think if you contact our sols or the court direct they wuold be able to advise you. Getting all the finances sorted out for me was paramount to ensure that a charge due to possible bankruptcy etc order on the house.

On another matter, I wrote to mt x x2 recorded delivery & with no response filled in a D11 taking him to court, both appeared & issue was sorted. It may be the same sort of thing.

JJx

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07 Jun 12 #335467 by mcvw
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Hi JJ,

Thanks again for the reply.

I''m not familiar with the D11 you mention (nor the ''mt x 2''??) but I''ll check these out :)

Best regards,


Mike

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