Child Maintenance & Spousal Maintenance

[aimeesmummy]

My ex plays child maintenance (I know I'm lucky getting this reading some other threads on here) and he also pays "spousal maintenance" to help with the mortgage of the family-home which dd and I are in til we sell it and I get somewhere of my own. Now, it's all paid on good faith, ie not through the csa or whatever its called now, and he's not increased either payment in 2 years despite me knowing he would have had 2 annual payrises. When I queried it with him to increase it, he said he that by his calcs he should be paying me a lot less, only £27 a month more than he was paying his first wife about 18 years ago (when they first split) when I know his salary has trebled since then, so I think he's pulling the wool over my eyes.

My question is, for people who get child maintenance and spousal maintenance, if the child maintenance increases, does that automatically mean the spousal maintenance decreases so there is no net increase?

Also, he's paying towards his elder son who is aged 19 and who's at uni. Does this still count as the first payment of child maintenance and his payment towards my daughter is the second payment ie a less percentage?

My exh pays both too, but the full amount was calculated to match our mortgage figure. This year, the amount of spousal maintenance reduces to £0.50 per annum, as I am now expected to be working and supporting us both. The remaining child maintenance is the figure that my exh would be expected to pay by the CSA (although we haven't ever gone through them). My entitlement to spousal maintenance was negotiated by my solicitor at court, as my exh did not want to pay any, so I am not sure whether it is 'optional' or dependent upon your individual circumstances? Maybe take some legal advice (the first half hour is usually free).

Can you go on to the CSA website and do a calculation based upon what you currently know? I am not sure whether his oldest child will still be eligible as he is over 18, although he may be as he is in f/t education. The CSA might be able to confirm this for you?

My exh has had several increases to his salary since our arrangement was made, and my maintenance has not changed (no increase was stated in our court order though), and he has gone on to have another child so, in our case, one cancels the other out!

Sorry, am not sure that is much help really!

I think if he has another child to suppost then maintenence is split between the two equally ie 20% of his income split two ways

(I think its 20% for two children, not too sure CSA site will tell you)

Aimesmummy - If you got this agreement ratified by a court, they would expect there to be an inflation rise every year.

My DH increases the amount by 2% each year.

I think it would be in your best interests to get a court order in place.