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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.

Child maintenance top up

4 replies

JohnnyMarr · 04/05/2021 10:32

The annual review for my CM has just taken place and it appears that my ex is now earning above the threshold for calculations, meaning if I'm to receive maintenance in line with his new salary I need to apply for a top up through the court. Does anyone have any experience of this? Would I need a solicitor to apply? CMS have been worse than useless so a court ordered amount would be awesome but I'm wondering how much hassle I'd need to go through to get to that point...I'd be really grateful to hear anyone's experiences of this.

OP posts:
justicefor · 29/08/2021 21:11

Surely the CMS should do this. Never heard of it before. Go to your MP and ask for support. They can raise it with the head of the CMS.

waterSpider · 29/08/2021 21:25

(meaning he earns above #3,000 a week).

I guess it might depend on how much above the threshold it is -- hardly worth it for a few pounds, may be worth it for considerably above, and if that is likely to be the case for several years rather than just one.

TicTacHoh · 12/10/2021 05:37

A friend tried to get top up and was denied. The court advised the ceiling limit for assessment (£3,000 p/w) is there for a reason and the RP is getting the maximum support available. Unless he is now a multimillionaire earning squillions above this, it won’t get anywhere and will just cost you money to try.

sandgrown · 12/10/2021 06:03

@justicefor. It’s set in Child Maintenance Legislation. Nothing MP could do except try to get the law changed .

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