Is it usual to index-link maintenance payments?

[BornToFolk]

I separated from exP about 5 months ago and we are stil arguing (through solicitors) about maintenance payments.

We have reached a figure that we agree on and my solictor sent his a letter asking that the payments be index linked. I had assumed this was a formality and he would say yes but he's said no. Apparently he's been very generous as it is and can't afford to pay any more.

I will be asking my solicitor to go back and push the issue but I was just wondering if it is the usual thing to do this, or if we're asking for something unusual? I'm just concerned that if I don't get this secured now, either I'll never get any increase to maintenance or we'll have to fight through solicitors each time it needs to be increased. And I'm sure it will need to be increased. DS is nearly 5 - it can't stay at the same level for the next 13 years!

[prh47bridge]

If you are talking about child maintenance, anything you agree now will only be binding for 12 months after the consent order is made. Thereafter it is open to either of you to go to the CSA who will replace whatever you've agreed with their own calculation based on his earnings.

[mumblechum1]

As Prh says, child maintenance is usually calculated according to the standard CSA formula, so I'm assuming, from the fact that there has been some dispute, that you're also talking about spousal mtce?

It is usual to include an RPI clause for spousal, alternatively, you could have an annual review based on your ex husband's P60 (good idea if he's still climbing up the ladder). If you are putting child mtc in to the consent order as well, then yes, there should also be a mechanism for annual increases as above.

You need to be aware, however, as prh says, that once a year has gone by, either of you can go to the CSA for a re-assessment.

[BornToFolk]

It's child maintenance, we weren't married. He's paying over and above the CSA amount, and the amount we've agreed on is fine for now but cost of living is only going to go up so I want to make sure that the amount is protected for the future, because, as my mum keeps warning me, children only get more expensive as they get older!

I know he can go to the CSA, it's a constant source of worry (esp as he's now living with OW and her two kids...) but there's not much I can do about it. My solicitor is drawing up an agreement that neither of us will go to the CSA but she's warned me that we can't prevent it.

[STIDW]

We agreed a flat rate. Initially it was above CSA rates, then it was about the same and eventually reduced to less than CSA rates so it balanced out overall.

[skyebluesapphire]

My solicitor and mediation both stated that it is 15% of net income. But the rules are supposed to be changing at some point to 12% of gross income. That is for one child. I dont know when the changes will come in.

My solicitor said no point in putting the maintenance in the consent order as only valid for 12 months and the father can apply to the court to reduce it if his circumstances change.

My STBXH is paying above CSA at the moment and hopefully it will stay that way...

[OneMoreChap]

Obliged to pay CSA.

Rock the boat, and you may get less.

I paid a lot more than CSA, XW got very greedy and tried for ancilliary relief in Court, got knocked back for that, ending up having to pay me several £k.

She then went to CSA, and I paid what I was told to. Voluntarily, I increased payments in line with my salary.

She was worse off as a result of her actions. My children were appropriately supported.

[BornToFolk]

I find it depressing that people are saying "don't rock the boat". ExP has walked out, shacked up with someone else (and her kids) and he still gets to choose how much he wants to support DS. I have no choice, 100% of my salary goes on maintaining a household for DS, buying him food, clothes etc etc.

I'm not being greedy, I'm just trying to make sure that DS will be adequately supported now and in the future. 15% of exP's salary is just not going to cut it....

Anyway, my solicitor has also advised not rocking the boat but we are going to suggest that it's linked to any increase in exP's salary.

[bananaistheanswer]

I find it depressing that people are saying "don't rock the boat".

I agree OP, it is depressing isn't it? I don't have anything more worthwhile to add, but I hope you get something sorted that means your DS will be well supported, now and in the future.

[OneMoreChap]

If you're getting more than CSA, it's just that. More than he has to pay.

Make it difficult, and all he'll do is pay what he's told to, which you can revisit every year.

[BornToFolk]

More than he has to pay, maybe, not more than he should pay, IMHO.

[BornToFolk]

Sorry, babybarrister, I do appreciate all the advice. Am just feeling a bit bitter about the whole thing. I didn't mean to take it out on people trying to help though...

[skyebluesapphire]

Bornto - I remember your original thread and I understand how you feel, my STBXH walked out on me and I am still bitter in a lot of ways about stuff.

But, when I brought it up in mediation about maintenance, the mediators advised that it is simply 15% of net income for one child and that is that. It doesnt matter if he has a gym membership, sky tv, contact lenses, a whole new wardrobe and foreign holidays, then tells me that he has no money...... He can spend the other 85% on what he likes.......

Fair it certainly isnt :(