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Filling in forms & question about extra maintenanc

  • bexsmum
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12 years 6 months ago #18790 by bexsmum
Quick question because I'm desperate for some help filling all of these forms in:

In the \"prayer\" part of the actual divorce papers, there is a section \"(3) Ancillary relief : Periodical payment in addition to child support maintenance paid under a Child Suport Agency calculations\". Soon-to-be-ex gets 2 bonuses a year on top of his 36k salary. Usually 2 weeks salary on 7th Dec and a bonus which used to be about 2k in his hand on 15th March.

Does this clause cover me receiving some of those bonuses? He's useless with money and I want to put it away for our daughter should she decide to go to college/uni.

But I have to say that he does give me slightly more than the CSA calculations on a monthly standing order - he's not a bad person and I don't want anyone to think I'm trying to get money than I'm entitled to, I'd just like to make sure I've got enough, when the time comes, to get daughter through her education on my own.

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12 years 6 months ago #18849 by downbutnotout
Replied by downbutnotout on topic Re:Filling in forms & question about extra mainten
bexsmum,

I believe that you are referring to a tick box on Form A.

i.e Applying for peyment \"in addition to child support maintenance already paid under a Child Support Agency assessment\"

This section of the form includes a range of circumstances when you would apply to the court to set child support. Because normally you either:
1) Come to an amicable informal agreement or
2) If you cant agree you go through the CSA to set the amount and if necessary enforce payment.

The court does not normally set and enforce child maintenance - the CSA do this.

(unless respondent is abroad or to cover private school fees etc )

So in your case i dont think applying to the court for additional child maintenance is applicable.

If you feel you should have additional payment because of these bonuses (and you do have a point cos the CSA would include these in their calculation)...then best option is to make the case rationally to your husband...explaining that his bonus is regarded by CSA as assessable income.

Second option is to go to the CSA to get them to assess payments.......be aware this can cause grief for some recipients as they suddenly find their benefits get reduced etc etc and they end up on less money in the end.

I dont believe your case falls under the courts ( the rest of your ancillary relief claim does...i.e lump sum payment / property transfer / pensions / spousal maintenance.....but not child maintenance).

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12 years 6 months ago #19274 by bexsmum
That's fantastic help, thank you very much.

I will speak to him and explain that it would be taken into account by the CSA and therefore he should be fair.

On the ancillary - we've already sold the marital home and split the proceeds, split what his pensions were worth and I basically took all of the money and used it as a lump sum to put down on my new house.

My next concern is the clean break order - I've heard that its just a piece of paper that we list how we've split the money and there will be no come back by either party.

Does anyone have any wording they can help me with for this.

Many thanks for the help and advice - I really appreciate it at this difficult time.

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