Global order and maintenance

[almostbutnotquite]

STBX and I are in court next week to get our court order drawn up. I am concerned over 1 section of it. I am to receive a global order payment monthly, consisting of cm and sm and I understand the reason for this is that if cm goes down for any reason then sm goes up. Fine. However there is also a clause to say that if I remarry all payments stop.

So my question is would I be better off accepting the payment as 100% cm and then just take the hit if and when STBXs circumstances change? Or accept the payment as a global order with the possibility of payments stopping altogether if I remarry.

I have to add I don't have plans to remarry at this point but who knows what the future holds.

If you remarry you will be able to claim child maintenance through the CMS regardless of anything the order says. Indeed, one year after this order comes into effect you will be able to go to the CMS for child maintenance. That won't make any difference to the total amount of maintenance you receive in the short term but it will guarantee that child maintenance payments will continue without a break whatever happens.

As for whether or not you should accept it, no-one on here can give you sensible advice. What does your solicitor say?

My solicitor is very much in favour of the global order as he believes that it would give me the most security.

It could be worded to say that child maintenance is £y and that spouse maintenance is such sum that, when added to the CM figure (whether by court order or CMS), amounts to £x. That way you get the best of both worlds. As prh points out it the CM might only last 12 months anyway, so makes little difference unless your ex is going to move abroad. Global orders are useful where the paying parent is self employed, so could manipulate the system. The CMS system is more vulnerable to this type of behaviour than the court system.

That's why it has been fine, STBX has been self employed, made bad business decisions etc in the past and it is believed that this would give me the most security.

*done not fine!

I'm confused as to why CM payments would stop if you remarried. The father of a child is the person responsible for providing for them, not any future partner/husband you may have. SM fair enough, that would be standard. Consider your legal advice carefully, get a second opinion if necessary.

They wouldn't necessarily but they global order would. I'd have to apply via the cms for cm to start again and I guess it would be recalculated again.