Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Just noticed maintenance should have gone up with inflation

(15 Posts)
mamas12 Sat 26-Sep-09 19:10:29

Just checking finances at the moment and realised that ex maintenance hasn't increased in line with inflation on 1st April every year as it was stated on our divorce papers.
It's only two years worth but

1) Do I contact himr go through sols again?
2) How do I calculate that (and would it be worth it>)
3) Can I have it backdated?

OldLadyKnowsNothing Sat 26-Sep-09 22:36:32

1) How you contact him would depend on how he's likely to react. If he's a peacable soul and this is an oversight, phone him. If he's a manipulative, abusive bastard, go through solicitors.

2) Have a look.

3) Probably, but that'll depend on how much it is and whether your ex is likely to have instant access to that sum. Not entirely fair to demand it since you've let it run so long, but I'd say you are entitled to it.

But I'm not a lawyer.

OldLadyKnowsNothing Sat 26-Sep-09 22:37:44

The inflation rate in 2008 was 4%, if that helps any.

morocco Sat 26-Sep-09 22:38:53

I'd double check how they calculate the inflation rate first - my interest payments on my student loan are based on something or other and now they've set the rate at MINUS 0.something or other

Penthesileia Sat 26-Sep-09 22:41:35

I'm not sure - just trying to find a link on Googld - but didn't inflation go down this year? I'd be careful to check if this is the case - you don't want to receive less from your ex than you currently do!

OldLadyKnowsNothing Sat 26-Sep-09 22:50:15

Hmm, the calculation has to be done annually, on 1 April, so it's overall inflation (or, as you say, deflation for a year, rather than month by month.

So I suppose it's inflation from 1 April 2007 to 30 March 2008, and inflation from 1 April 2006 to 30 March 2007 that we're looking for.

(I had to write that down to make sure it made sense. Does it?)

mamas12 Sat 26-Sep-09 23:12:17

Wow Thank you so much oldlady you know everything actually.
Mumsnet rocks I just have to ask a question and I have answers.
He started paying 1st March 2007 so it's only last year really so looking at that link it looks like a couple of hundred pounds, but that's okay by me with christmas coming up eh.

mumoverseas Sun 27-Sep-09 06:17:15

It is a complicated calculation linked to the RPI. It should have been set out in the Court Order/Consent Order about the increase.

To be honest, a lot of people don't bother pushing it as if he doesn't agree to do it voluntarily it will be a case of taking it back to Court and potentially running up more costs than you are arguing about.

Of course he should do it automatically, but invariably it doesn't happen and although you would no doubt be successful if it went to Court (assuming his circumstances hadn't changed, ie his income is lower now than when the matter was before the Court)and you would probably get an order that he pay towards your costs it is possible that not all costs would be covered.
You therefore need to weigh up the pros and cons and work out if it is worth if if he doesn't do it voluntarily.

Well worth a note reminding him of the RPI clause in the Order and see what happens

mamas12 Sun 27-Sep-09 18:19:12

Thanks mumoverseas
The thing is. It's in our agreement iykwim, but we didn't actually attend court. I haven't really a clue about these sort of things, learning as I go along like most of us when it happens to us.
On that link it says that 2008 - 2009 figures not available yet and as has been pointed out I don't want what I get to go down, so can anyone tell me
2007 - 2008 first year of maintenance
2008 - 2009 second year
Where do I take the start of the calculataion for the second year?
Is it 1st April 2008 or '09?

mumoverseas Mon 28-Sep-09 07:19:50

hi Mamas12. Just want to clarify something. When you say you didn't attend Court, do you mean that you haven't actually got a 'proper' agreement (ie via the Courts even a Consent Order which you wouldn't necessarily have to attend for) and that you just reached the agreement yourselves? If this is the case, then it sounds like your agreement is not legally binding and not only could your ex refuse to pay any increase in maintenance but he could also potentially renege on the whole agreement.
I don't wish to scare you but you really should double check the situation for your own protection. If you did instruct a solicitor previously then you need to just double check with them that the agreement you and your ex reached was formalised and is legally binding.

Once you've double checked that, then you can deal with the increase in maintenance

mamas12 Mon 28-Sep-09 08:47:19

Thanks for that mumoverseas

I am pretty sure everything is legally binding as that's the sort of man he is.
He had a statement to state that we coudn't change what was said in the Consent Order in order for me not to ask him for more money, but this inflation paragraph is there in black and white and has been forgotten atm.

Ivykaty44 Mon 28-Sep-09 08:56:57

2008-2009 my index linked life insurance policy remained at the same price (for me to pay each month) as inflation stood at no increase. So no increase for 2008-2009.

No it is around the 6th April as that is when the tax year starts 11 days after ladies day on 25 March.

You dont need to attend court if you both agree to the consent order - it then goes to court to be made into a court order - although once you have both signed the consent order it is legaly binding and nither side can wiggle out.

mumoverseas Mon 28-Sep-09 09:11:06

so you have got a Consent Order then? Did it go to the Court to be ratified? (approved) If so (check on the back and see if it is stamped and signed by the Judge) then it is legally binding. The clause you refer to regarding you not asking for more (or him for that matter) is the usual 'dismissal' clause which means neither of you can go back for more and the RPI clause is also standard.
Sounds like all legally binding but just double check it was sealed (stamped) by the Court.
As Ivykaty says, you would not have had to actually physically attended court for it to be approved, it would have been sent in by your solicitors to be checked and approved by the District Judge. However, until it is sealed by the Court it is not 100% watertight even if you both signed it. People have come unstuck before by signing something, not getting it approved by the Court and believing it is 100% legal however it is not although it will of course indicate your intentions at that time.

Ivykaty44 Mon 28-Sep-09 09:57:57

People have come unstuck before by signing something, not getting it approved by the Court and believing it is 100% legal however it is not although it will of course indicate your intentions at that time.

take a look at edgar test case - it is legaly binding once both parties have signed, it would be another test case that overturns the previous

mamas12 Mon 28-Sep-09 10:05:06

Thank you for all your help.
It is ratified and stamped so all systems green thankyou ladies
I think now you need to watch this space as I broach the subject with ex.
Wish me luck.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now