Clean break and child maintenance

[SandyMae]

Could anyone here explain what a clean break with regards to finances mean?

Does it mean all claims for child maintenance are warped up as well? Or could one apply to the CMS later on if needed?

[SandyMae]

That should read *wrapped up, not warped up!

[Viviennemary]

From what I understand a clean break doesn't include child maintenance which would continue to be paid. Clean break means no money owed by either party to each other or no debts or property in common. Hope somebody else can confirm this or explain further.

[SandyMae]

My ex's solicitor is proposing that in return for no claims on spousal or child maintenance I get to keep the house.

So, does this mean I could accept this proposal and then still apply to the CMS after the court case is finished?

[Gorgosparta]

When my mum and dad split this idea was floated. Mum got everything, but couldnt claim spousal support or child maintence. It actually turned out to be non enforceable. Or rather he was advised it wouldnt be enforcable and mum could still claim cms.

Not that dad minded. They split the assests in mums favour and he paid above the minimum cms anyway.

[SandyMae]

FDR was yesterday, not sure I understand the order, which bit refers to it being a clean break?

There's one paragraph that reads "Except as provided in this order the Respondent's claims for periodical payments orders shall be dismissed, and she shall not be entitled to make any further application in relation to the marriage under the Matrimonial Causes Act..."

Is that it?

[sandgrown]

I think that bit only refers to spousal maintenance. I if your children are only young don't sign away all rights to child maintenance unless you are getting a sizeable sum. Are you getting the marital home paid for or just taking on the mortgage and therefore actually getting very little ?

[SandyMae]

Taking on the mortgage (if I can, that's a bit of a sticky point). If it has to be sold it's stated in the order that all proceeds of the sale goes to me. About £250k of equitybib the house.

Child maintenance with £150 a month for DS until he turns 18.

[SandyMae]

So that point means I can't go back and try and change the deal around spousal etc? As I was given the house?

[SandyMae]

Oh, and DS is 9 so exH will need to keep paying for him for 9 years.

[Everytimeref]

Yes it omay refers to spostal maintenance, you wouldn't be able to make a claim in future. It doesn't impact any child maintenance claim, although if an amount for cm is included in the order it can't be changed for 13 months.

[laureywilliams]

Have you seen a lawyer?

[SandyMae]

OK, so that paragraph does refer to this "clean break"-business then?

Interesting about the child maintenance, his side was making out that the terms of the order would stand until DS is 18. (Or st least that's how I understood it)

[SandyMae]

No solicitor, couldn't afford it! ExH has spent £12,5k on legal fees according to his form H

[laureywilliams]

I couldn't afford a lawyer. Someone insisted I had to and lent me the money. Best investment ever. I would have regretted forever what I nearly signed up to.

You can't afford not to. I know it's a lot of money.

[SandyMae]

@babybarrister but it is that paragraph that is what they mean by a clean break?

There is another paragraph about the child maintenance, there's an a) until attains 18 and b) further order. Does that mean o could go back if needed?

[Wishingandwaiting]

babybarrister
Could I be really cheeky and ask you to please consider my thread in the divorce section asking if my settlement is fair.

[prh47bridge]

Just to be clear, on the child maintenance front if neither of you goes to the CMS the terms in the order will stand. However, it is almost certain that in 12 months either of you can ask the CMS to step in and their calculation will then replace the court order.

Wishingandwaiting - It is very unlikely babybarrister will want to say whether or not your settlement is fair. Your solicitor is best placed to answer that question.

[SevenDwarfWharf]

You can apply to CMS a year after the order is made however if you do he very well may go back to court to say you never had any intent to follow the order and ask for some of the capital back. It won't exactly make for a happy start to coparenting either. I'd make a settlement in good faith.

[SandyMae]

God, this legal stuff is such a jungle - so many variables!!

So, on the child maintenance I think I'm clear on that I COULD go to CMS and ask for them to take over after a year of circumstances change.

Regarding the spousal/clean break, just want to double check again (forgive me for being slow); that paragraph I referred to above...does that mean a clean break between me and exH? So none of us can make any claims on each other ever again?

[prh47bridge]

You can apply to CMS a year after the order is made however if you do he very well may go back to court to say you never had any intent to follow the order and ask for some of the capital back

Rubbish. He cannot reopen the settlement just because the OP refers child maintenance to the CMS. Referring maintenance to the CMS after one year is not in any way failing to follow the order.