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Consent order

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24 Apr 12 #326201 by asymm
Topic started by asymm
My ex-wfie and I separated 4 years ago and went through a reasonably amicable diivorce that was finalised 2.5 years ago. She is now asking for my maintenance payments to increase based on the rate of inflation although this is not included in the Consent Order. I already pay more than was agreed in the consent order and she has yet to take my name off the mortgage and deeds as was required.

My question is is she entitled to a review/ increase if it wasn''t agreed or is this an unwritten expectation?

Thanks
Stewart

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24 Apr 12 #326207 by dukey
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I assume you are talking about spousal maintenance, to be clear is it SM or child maintenance or a combined order.

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24 Apr 12 #326209 by asymm
Reply from asymm
The consent order is made up of both SM and Child

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24 Apr 12 #326219 by dukey
Reply from dukey
Then yes she can make application to vary, most orders do increase with the CPI.

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24 Apr 12 #326221 by asymm
Reply from asymm
Thanks for your help - she is saying that she wants this back dating - I realise that she can apply for a new order but is this also possible that it would need back dating

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24 Apr 12 #326226 by asymm
Reply from asymm
Sorry I''ve also thought of another question related to CPI - is this what the CPI is on a given date or is the change between previous and present?

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24 Apr 12 #326229 by dukey
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Its what the CPI is on the date of the order and then updated each year on the same date.

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