High-earning XH and child maintenance?

[cooperage]

Is it generally the case that high earning non-resident parents are expected pay the standard % of their income in child support - 12% for one child, 16% for two, etc?

Or is it more bespoke/complicated than that?

I know it's dull... but anyone?

That was certainly the case with my ex-husband, although he did volunteer more. He earned 250k

Yes except if you are married then you could be entitled to spousal maintenance also? And decent share of any assets, pension etc.

If not He may agree to pay more if he is a decent person, I do think the child maintenance amount is meant as the absolute legal minimum! However it's all I get and not a penny more ! I know other dads that also contribute to uniforms, childcare etc but sadly only the absolute minimum is required legally.

Yes that’s generally the case, although spousal maintenance can play more of a role if very high earning and previously married. It can also be complicated through pay being structured differently.

I'm asking because I get less than 16% for DS - it's probably more like 8-10% - I'm not sure because XH won't reveal his income and won't discuss revising it. I wouldn't call him decent on this score and he certainly won't listen to fair arguments.

I don't get spousal maintenance - I got a full and final settlement during the divorce, which turned out to be a lot less than I could have got...

It's all based on a foreign divorce settlement that is 5 years old, but as DS and I are now UK-based I wonder if it's worth going to court here to apply for a variation?

It's made much more complicated by him living in another country, and I don't want the legal proceedings to cost more than I end up getting in extra maintenance.

It's the same for cms but where incomes are significant spousal support is more likely

Is he in a country that has reciprocal enforcement of maintenance orders? You would have to take him to court rather than go via CMS to enforce.

No, it's more complex.
The percentage changes once above an earnings threshold. That's to reflect the fact it's based on gross income, not net, and the tax rates also rise. So, at £800 pw, the percentage drops from 12% to 9% for one child.
There's also an absolute maximum of £150,000 of earnings that is looked at.

CMS will not deal with your case if he pays no UK tax! My exh lives in the UK but works in a European country and pays there tax whilst using all UK services. I have had to settle on what he’s offered as he wouldn’t produce a p60 and would’ve cost a fortune to go to court.

@TheUndoingProject I'm trying to go through REMO but they are very very slow and they seem to be mostly about enforcing orders rather than varying them.

I've taken advice from a solicitor here, who said to start by going to back to the foreign solicitor that handled my divorce to see if their court will look at it again, but I'm not hopeful they will. And even if they would I doubt I'd get a good outcome.

It’s so unfair weighing up the hassle do you think it’s worth pursuing .
Think this through very carefully.