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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 finance review

3 replies

theworldsbiggestcrocodile · 28/04/2021 16:58

Ex Dh and I have been seperated for 5 years, divorced proper for 2.
Our Finance agreement states that he pays me a set amount of Maintenance each month for two DD's. It was based on CMS calculation which took into account his then salary/nights we each have them etc.

Our finance agreement states that this should be reviewed annually but doesn't specify how that should happen. We haven't done this in the last two years.

Ex Dh earns roughly 3 times as much as me, and his salary has gone up in the two years since our divorce.

I think if we did the CMS calculation again he would be asked to pay more maintenance. I have had a change in circumstances since the divorce was finalised and am actually less well off than I was then.

Would it be unreasonable/wise/possible to ask for a review of the maintenance money?

I don't want to poke the bear in many ways but he has just asked me to contribute more for an activity they do which he has traditionally paid for (outside of maintenance-this was also agreed in our financial settlement). It would another £50 a month. I would struggle to afford it.

Has anyone else had vague reference to a finance review written into there agreement and what if anything did you do about it?

I will probably have to ask (and pay for) the solicitor to tell me I know but just wondered if I could get an idea here first....

OP posts:
millymollymoomoo · 28/04/2021 22:35

Put in a cms claim as it will fall under their jurisdiction

LemonTT · 29/04/2021 17:54

A CMS claim will take precedence. In which case you need to be very sure that it will come out in your favour. Which it might not if he is self employed or owns his own business.

DoYouWannaQuilmes · 29/04/2021 23:15

If you go via the CMS they take a cut - so you both lose money.
On our agreement he sends me a copy of his P60 annually and adjusts payments based on the CMS calculator. Could you ask him for this?

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