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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 Maintance after job loss

  • Boeing
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21 Sep 20 #514151 by Boeing
Topic started by Boeing
Hi,

I live overseas was divorced 11 years ago. The child maintance was via a UK court order for my two children until the age of 19 or until they left full time education, whichever was first. My daughter is grown now and I just pay for my son who has just turned 18 and is still in school.

I have been made redundant and will be returning to the UK. I do not have any redundancy payment from my company and I will not be entitled to any benefits in the UK. I thus have zero income.

I am concerned as to the child maintenance payments since with no salary I can not afford them. Does the court order take precedence or would the court revert to the Government payment calculator which states I would have to pay nothing.

I dont want to stop payments towards my son however I simply dont have the means with no job.

  • hadenoughnow
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21 Sep 20 #514153 by hadenoughnow
Reply from hadenoughnow
I think if you are back in the UK then a CMS assessment would trump the court order. If you are not working, have no savings and are claiming benefits, payments would be minimal.

Hadenoughnow

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21 Sep 20 #514155 by Boeing
Reply from Boeing
I have savings but no income since I was made redundant. The savings will be needed for living and buying a house in the UK. I work in the aviation sector and jobs are in extremely short supply for the foreseeable future.
I have paid more than the amount required by the court order for many many years and have never missed a payment.

  • jammin35
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03 Feb 21 #515627 by jammin35
Reply from jammin35
Get a child maintenance assessment. They will assess you based on an assumed interest payment on the savings, that's all.

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