Please help me with the courts 'Financial Remedy'(6 Posts)
I got divorced a year ago and had a profound nervous breakdown which explains why I'm confused now.
Firstly, Is the bit of paper that says 'Financial Remedy' 'Central Family Court' the actual finance agreement? I'm pretty sure it is but I'm stuck on one pretty serious point. There's loads of stuff about Mr X keeps this house, Mrs X keeps that house etc, he gives up this, she gives up that etc. UNTIL the bit that says 'Child Periodical Payments'. I'll now quote what it says:
'From (date) and monthly thereafter, the respondent shall pay or cause to be paid to the applicant periodical payments for the benefit of the children at the rate of £x per child per calendar month until each child shall respectively attain the age of 18 years or cease full-time secondary education whichever is the later or further order.'
What I want to know is, are these 'Financial Remedy' papers generic and the barristers just fill in the boxes or are they properly bespoke? Because I think there's been a mistake. In court, my dh only agreed to make payments to me for the dc for a period of one year and I distinctly remember being told I'd have to go to the CSA thereafter. I am now almost at that year point. But this quote I've just given you above states 'until the dc are 18 or whilst they're still in secondary education' which means I'll get the maintenance for the dc for longer. Is it possible the form was written up wrong? Do you think my exdh and I would have different copies & his would have the real facts & mine have a mistake? I am absolutely sure he only agreed to one years money.
That is a final financial order. It is not generic
However, although the child maintenance is expressed in the order to be until the children are 18 or finish full time education, the law is that after such an order has been in place for 12 months either one of you can apply for an assessment from the Child Maintenance Service (formerly the CSA). The court cannot overrule the ability to apply to the CMS for over a year. If neither of you apply then the child maintenance will continue as per the order. Clearly it would be in his best interests to apply if he thinks he is overpaying and yours if you think he is underpaying. There's an online calculator you can check if you have an idea of his income..
Regarding the 12 month rule if you want a link to back up what I am saying (about half way down)
What I think he plans is to just stop paying anything at all at the 12 month mark.
Apply straight away then. It will be backdated to the date of your application. www.cmoptions.org
He will have to pay. Even those on benefits pay a nominal weekly amount.
Do you know his income to work out what the CM calculation will be?
I have no idea of his income. He is self-employed and always used to take a peppercorn salary, moving the bulk of his company's earnings out in other tax efficient ways. I fully expect him to say he has no income now.
CMS will include dividends and all income from his last tax return but yes it is easy to make look less than reality of self employed.
You can apply for a variation on basis that lifestyle doesn't match income
Did he not disclose his income during financial proceedings? What was it then
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