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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

ANNUAL MAINTENANCE REVIEW

8 replies

chicka · 27/11/2020 12:50

So we divorced last year and the court consent order dated 1 July 2019 states that the rate of payments will be reviewed annually in accordance with the CMS guidelines.
However, we're 5 months on from the annual date and nothing has happened. Am I supposed to do something - contact the CMS?
On their website it says they write to use both 30 days before (so June 2020) but I've heard nothing.
Any advice most appreciated as my solicitor was a nightmare to deal with and she's left firms now so not sure where I'd stand trying to contact her.
TIA

OP posts:
StCharlotte · 27/11/2020 12:58

The firm she left will pick up your file.

chicka · 27/11/2020 13:01

I have emailed the solicitors and they say they can't help - I'd have to contact her. However she's not responding.
I would imagine this would be a regular thing - our circumstances weren't unusual so others must have the same court order set up?

OP posts:
StCharlotte · 27/11/2020 14:31

Oh that's not good. Sorry about that.

Otter71 · 27/11/2020 22:04

Normally it isn't that the amount has to change annually but that it can dependent on change in circumstance.

Do you think the maintenance amount needs to change? If yes and the maintenance payments were roughly CMS I would go down that route. If the maintenance agreed was significantly better then you may have to accept it and keep schtum..

chicka · 28/11/2020 10:38

@Otter71

Normally it isn't that the amount has to change annually but that it can dependent on change in circumstance. Do you think the maintenance amount needs to change? If yes and the maintenance payments were roughly CMS I would go down that route. If the maintenance agreed was significantly better then you may have to accept it and keep schtum..
Hi Thanks for posting. He's just bought a very expensive car and the children have mentioned he's wanting to buy a new house (he's rented since we split) and so he must be able to save for a deposit. I suspect he's on quite a bit more than he was when the original amount was calculated. How do I do this? Do I contact CMS directly?
OP posts:
MacbookHo · 28/11/2020 10:41

Yes contact the CMS. Give them all the reasons (be factual, not just “hunches” but as much PROOF as you can gather) that he is earning more than he’s declaring. If you push hard enough they’ll conduct a Financial Review and investigate him.

chicka · 28/11/2020 11:21

@MacbookHo

Yes contact the CMS. Give them all the reasons (be factual, not just “hunches” but as much PROOF as you can gather) that he is earning more than he’s declaring. If you push hard enough they’ll conduct a Financial Review and investigate him.
Would he know it has come from me or would they just say they were doing a review? (Thanks for the post).
OP posts:
MacbookHo · 28/11/2020 20:23

That’s a good question! I don’t know. I don’t think they’ll tell him you were the source 😆 but he might guess.

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