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If your EX earns over the CM upper limit

(16 Posts)
Secretsout Tue 07-Nov-17 20:41:58

Looking for advice. Our consent order has been approved and I agreed to using the CM maximum as the basis for his payments to me (he's a vile nasty, controlling narc so I just needed to finalise things quickly so I settled without a fight)

He earned £200k last year. Kids are teens so I have about 3 years left. I can apply to court after a year and ask them to set the payment level. I've no idea how to go about this or if it's worth it. How do the court work out the payment amount? And Would I likely get awarded more than the current £1450 per month he's agreed to pay.

MrsBertBibby Tue 07-Nov-17 22:48:26

Do you have a spousal maintenance order, or just child maintenance?

Secretsout Wed 08-Nov-17 20:37:06

mrsbert SM awarded for 12 years. £500 per month. CM at £725 per child per month until they reach 19.

MrsBertBibby Wed 08-Nov-17 21:18:22

You can't apply to court to vary child maintenance. 12 months after the order you can apply to CMS for him to be reassessed. But you need to get proper advice on the exact terms of the order, to be sure That's the right thing to do, as orders vary wildly.

LaurieFairyCake Wed 08-Nov-17 21:21:37

I’m confused

You have 2 children? So child maintenance is £1450 plus you also get £500 spousal - so the full amount is £1950?

Is that right?

Secretsout Wed 08-Nov-17 21:35:22

mrsbert the order says that I will not apply to vary or go to CMS within the first year. After that I believe I can but because he earns way over the CM upper limit I was wondering if I just apply to court to ask them to set the amount. I don’t know what the process is for this or if there is a big cost implication.

laurie yes £1450 plus £500

Secretsout Wed 08-Nov-17 21:39:24

I didn’t realise that court don’t set or vary CM payments....how is the amount agreed in cases like mine?

MummytoCSJH Wed 08-Nov-17 22:04:06

Fucking hell. I get £3.50 a week gringrin

MrsBertBibby Thu 09-Nov-17 07:34:30

The court cannot order child maintenance other than by consent.

Did you have a solicitor? This should all have been explained to you, and I'm concerned you don't understand the order you have agreed to.

Secretsout Thu 09-Nov-17 21:00:08

I'm sorry mummy I understand it seems a high amount but we've worked very hard and he has a high income.

Hi mrsbert I spent twelve grand on legal fees so I bloody hope the order is ok. To be fair, my Ex is a horrible, nasty, bullying narc and I don't think my sol was hard ball enough and I caved on every point his sol wanted in order to get it resolved. Me ex was such a bully and refused to leave the FMH and I wasn't prepared to take it to the full court process with barrister etc. It wasn't appropriate for me or the kids to live with the abuse any longer (though we are still living together)

My understanding is that we have agreed this amount for CM and we used the CM calculator as a guide even though he earns over their upper limit. The order says that we will not go to the CMS for a variance for the first year and thereafter payments will be varied automatically on the variation date. However, because he earns over their maximum amount does this mean I can only ever have the CM maximum amount?

larrygrylls Fri 10-Nov-17 06:18:37

Secrets,

Was it a clean break settlement? If so you received other assets to keep you in the lifestyle to which you were accustomed. On what basis do you want to vary it? Do the children require more? The clean break is about you, not the children, so I believe that if you can prove the children require more, the court option is always open (not s solicitor though...).

Mumsnut Fri 10-Nov-17 06:41:51

Why not post in legal?

Wishingandwaiting Fri 10-Nov-17 07:14:32

OP they won’t get involved in more than the ca
My ex earned £150 plus £60k
I’m receiving £2350 for two children until youngest 18

Wishingandwaiting Fri 10-Nov-17 07:15:34

But you can go to court

Secretsout Fri 10-Nov-17 07:44:34

larry yes it was a clean break and I received other assets. Yes it’s about the kids. He hasn’t started paying maintenance yet as we’re all still in the FMH. He's financially controlling with the kids and I cannot tolerate it. Yes they have a fairly high standard of living but whatever they want or ask for he emails me and asks me to pay for it. I guess what I mean is that he will pay CM and then believes that’s it, he has no further commitment. I can’t maintain them on that amount if I’m supposed to pay for everything. He also expects me to pay half the school fees when clearly I don’t earn half what he earns.

wishing that’s what I’m wondering....how do court vary it?

I’ll try the legal section

MrsBertBibby Fri 10-Nov-17 07:46:39

No one knows the position for OP, because no one here knows how her order is drawn. Therefore none of the lawyers on here (including me) are going to be able to advise, because it depends on knowing exactly what the order says.

OP I'm sure the order is fine, I'm just concerned that you don't understand how it works, because It's your solicitor's job to explain that, preferably before you sign up!

If this hasn't been set out in a letter, it should have been, and you need to ask her for clarification. Or pay a lot more to get another lawyer to go through the order with you to explain.

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