Child maintenance- 20%?

[ChloeR81]

Hi, I’m looking for some help on Child Maintenance. I have a lawyer but I’m not getting any helpful guidance (maybe not a good lawyer, think I need to change).

Is the general rule on CM for 2 children that it’s 20% of net income including annual bonus? This would be for quite a high earner. Soon to be ex husband is claiming it doesn’t include bonus but I think it does. A lot of his income is bonus based so this would make a big difference.

Also, if it goes through the courts for a high earner do you usually get awarded more than 20%?

Thank you!

[ArnoldBee]

Usually the bonus has to form part of the normal pay expectations. It could be argued it's not guaranteed but if he's got a history of receiving it then you can argue the point.

[Everytimeref]

It's now based on gross income minus any pension contributions. Then the rate is 16% for two children.
It is slightly different for very high earners. Court ordered maintenance only lasts for a year and then either party can apply to convert to CSM rates.

[ChloeR81]

Thank you so much for the quick replies!

So would 20% of monthly net salary (payable monthly) plus 20% of bonus when/if he gets it be the standard?

Is 16% of gross more or less than 20% of net? Sorry if I’m being dumb.

For context base salary would be £110k plus large discretionary annual bonus. I feel a bit bullied by him and like I’m being shafted so just want to understand what the ‘minimum’ CMS would be for this.

[millymollymoomoo]

Plug it into cms calculator inc any nights he’ll have them which would reduce the amount

Exc and bonus ( which Is not guaranteed ) and assuming children stay 1-2 nights a week you should receive somewhere around £220 pr week ( depending on pension contributions)

Child maintenance unlikely to be awarded more through courts but could order spousal ( even if shirt term and time bound) . Will be dependent on many factors though
And you’ll be expected to maximise your own earnings to allow you to become financially separate ( aside from child maintenance)

[stucknoue]

The cms calculator is a good starting point but I'm asking for spousal on top.