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Global order and maintenance payments(3 Posts)
STBX and I are in court next week to get our court order drawn up. I am concerned over 1 section of it. I am to receive a global order payment monthly, consisting of cm and sm and I understand the reason for this is that if cm goes down for any reason then sm goes up. Fine. However there is also a clause to say that if I remarry all payments stop.
So my question is would I be better off accepting the payment as 100% cm and then just take the hit if and when STBXs circumstances change? Or accept the payment as a global order with the possibility of payments stopping altogether if I remarry.
I have to add I don't have plans to remarry at this point but who knows what the future holds.
I would understand sm stopping if you remarried but cm is a legal requirement till a child is 18. I would be speaking to my solicitor about this urgently.
Personally I would accept the global order. The reason it has been done like this is because the court does not technically have jurisdiction over child maintenance payments - the Court can only fix the amount of cm in an order for 12 months after that time either your or your ex can apply back to the CMS to have the child maintenance payments altered if there has been a change in circumstances or ex could apply to the CMS to have his child maintenance payments altered to be in line with their formula (not sure if you have worked out how much cm he should pay via the CMS or not). Spousal maintenance -although yes it contains a clause about remarriage that could be some time off and in any event your ex would still be liable for cm. I personally think if you want to protect yourself the most I would go with the global order than relying on cm alone.
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