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

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
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.


GLOBAL ORDER

  • freddie001
  • freddie001's Avatar Posted by
  • Junior Member
  • Junior Member
More
10 Nov 20 #514708 by freddie001
Topic started by freddie001
hi there - quick question

I am led to believe a court can make a "global" maintenance order regardless of not having jurisdiction for child maintenance; as long as there is an element seen to be spousal maintenance.

In this scenario, say it makes a "global" order for £2000 monthly for 3 years (then a £1 nominal order); after that 3 year period, if the children are still young - can the applicant wife still make a claim for child maintenance? or is that superseded by the global order - and no further maintenance is due?

Presumably the wife can still apply to the CMS for child maintenance after 3 years (can she?)? And would she be successful even if the circumstances since the global order was made are unchanged?

Just want some clarity really. I appreciate the global order won't ever go down (it's there to protect a drop in child maintenance for whatever reason) - BUT could I be in for "more (child) maintenance" after this 3 year global order is over?

Thanks much.

  • Rickoshea
  • Rickoshea's Avatar
  • Elite Member
  • Elite Member
More
11 Nov 20 #514709 by Rickoshea
Reply from Rickoshea
This seems to be a reasonable summary and includes relevant cases. Assuming specific wording isn't used and it's set as a normal global order then any subsequent CMS assessment would see the global order reduced by the equivalent amount

www.familylaw.co.uk/news_and_comment/can...r-global-maintenance

"3. In the Child Support Commissioner’s decision CCS 316/1998, Commissioner Jacobs had held that a global order framed in similar terms to that under appeal:
‘[Did] not purport to restrict the right of any person to apply for a maintenance assessment. Indeed, it recognises that right and the supremacy of a child support maintenance assessment. However, it goes on to do what the child support scheme does not cover. It adjusts the absent parent’s overall financial obligations in the light of the child support maintenance assessment. This is a power that is left to the courts. The court order anticipates that a child support maintenance assessment may be made and makes provision to avoid the need for the parties to return to court in order to vary the order for spousal maintenance. This it achieved by tying the payments of maintenance to the parent with care to the absent parent’s liability in respect of their children, so that if the latter increased the former reduced. There is general support for my conclusion that this is not caught by section 9(4) of the Child Support Act 1991 in Smith v McInerney [1994] 2 FLR 1077’ (pars 46)"

  • freddie001
  • freddie001's Avatar Posted by
  • Junior Member
  • Junior Member
More
11 Nov 20 #514717 by freddie001
Reply from freddie001
thanks for that ...but what about after the term of the Global order (and if the children are still young enough at that point to validate a claim for child maintenance)?

...presumably statutory CM obligations take over?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
11 Nov 20 #514719 by hadenoughnow
Reply from hadenoughnow
child maintenance is a statutory requirement. It is separate from any financial order. A global maintenance order may be superseded by a cm assessment if the figure is larger.
Once the global order has expired, cm would still be payable for children who are still in secondary education. It is the CMS that deals with cm.

Hadenoughnow

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
12 Nov 20 #514727 by .Charles
Reply from .Charles
The court can only deal with child maintenance for a year then the jurisdiction hands over to the CMS.

The name escapes me now but there is a type of global order that is reduced pound per pound based on the CMS assessment. For instance, if the global order was £2000 and the CMS assessed at £600, the global order would be reduced to £1400 although the payments would still total £2000.

Charles

  • freddie001
  • freddie001's Avatar Posted by
  • Junior Member
  • Junior Member
More
12 Nov 20 #514728 by freddie001
Reply from freddie001
makes sense, and as i though - thanks very much all.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11