A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Spousal maintenance calculation???

  • Gillian48
  • Gillian48's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
16 Sep 12 #356253 by Gillian48
Topic started by Gillian48
Welcome to Wikivorce, although I''m sorry you have a need to be here.


How is the spousal maintenance calculated anyone please? I currently get 5p a year struggling to cope - i rent a house - earn 14k a year get £500 a month from CSA - the ex earns £80k lives in a £220k house on his own although girlfriend stays very night. I want to return to court to get the SM re-assessed how is the calcullation done - is it worth it - I got stuffed in the divorce because he lied - frightened it will happen again? I need advice and help please.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
17 Sep 12 #356315 by rubytuesday
Reply from rubytuesday
There is no standard calculation for working out if, or how much SM should be paid; as SM is not just based on the recipient''s needs but also on the payers ability to pay.

Five pence a year sounds like nominal spousal maintenance to me (although I could be wrong), what does your Consent Order say about the SM?

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
17 Sep 12 #356322 by LittleMrMike
Reply from LittleMrMike
As ruby has said, the SM depends on your needs and his ability to meet or contribute to them.

My intiial advice is to check your benefits to make sure you are getting the benefits you are entitled to. Hopefully this could improve the position without the risks in going to Court.

You say you are earning but obviously at a low level. You are getting £500 per month child support.

Variations are normally made on the basis of change of circumstances as compared with the original order. So you need to look at the circumstances as they were at the date of the original order and see whether there is any clear change. If there is not, your case is likely to be weaker.

If we are talking about risk, there is a risk that the Court could discharge the order but this is unlikely if there are children involved. Obviously a nominal payment can''t be reduced. The main risk is paying costs if you lose.

The only caution is that, if you look at his net disposable income after he has paid tax and child support and compare with yours, with the child support and other benefits, the disparity in your incomes may not be as great as you think it is.

LMM

  • Gillian48
  • Gillian48's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
17 Sep 12 #356417 by Gillian48
Reply from Gillian48
The only income I get is from an ill-health pension, CSA payments and other benefits - incapacity benefit etc.. I cannot claim more benefits. Since the order my outgoings have hugely increased as my son finished Uni and is now home looking for work - next year when my youngest finishes full-time education I lose tax credits, csa and other benefits so my income will be reduced to approx £4k a year! Whereas the ex has had a £30k increase in salary - so his disposable income after tax, Nat insurance etc... Is a substantial amount -he has capacity to pay a lot more. The consent order states an order can be made to adjust the amount from 5p a year when required. His lifestyle is very different to mine he enjoys, foreign holidays, nights out, new cars etc.. Whereas I struggle to feed my family and even struggle to pay the bills etc.. I can''t afford luxuries like holiday, nights out or even school trips for my son. he also has a girlfriend living with him - I understood if I went back to court it would mean filling in the form E - and he would have to declare her earnings and savings aswell as all his savings etc.. But not sure if this is the case?
I appreciate your advice.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11