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Child maintenance

10 replies

stitchmaker85 · 24/01/2022 18:06

Should Child maintenance increase over time? My ExH has paid the same amount for the last 6 years (court ordered) and stupidly it's never occurred to me that this may need to rise with inflation? It's only crossed my mind today as my gas and electric has just doubled.

I know he's in a better job now if that makes any difference?

OP posts:
TriciaMcMillan · 24/01/2022 21:45

It's based on what he earns, not what it costs to raise a child. Sadly, just because the costs for you have gone up it makes no difference. But if his earnings have increased, it's worth asking for it to be reviewed.

TriciaMcMillan · 24/01/2022 21:47

Obviously that assumes you're going through formal channels. If it's a private arrangement and he's a reasonable individual and caring parent, that's completely different.

AnneLovesGilbert · 24/01/2022 21:50

Do you know what he’s earning? It’s a percentage of his income. It’ll go up if his income has, down if it’s lower, sadly not related to your actual costs.

You can go via the CMS as it’s been so long since your court order.

stitchmaker85 · 24/01/2022 21:54

I have no idea of his current earnings, and he's not likely to disclose that to me, but was just wondering if an amount awarded by the CMS each month/year changes over time.

Out of interest I calculated the amount that would be awarded by the CMS as at today based on his income when we split and it came out as more than I've been getting, does that mean I can get it reassessed? Or am I stuck forever with the amount that was awarded by the court order 6 years ago?

OP posts:
boringaccountant · 24/01/2022 21:58

CMS do a review every 12 months. And yes, 12 months after a court order either party can then go to the CMS for maintenance.

MondeoFan · 24/01/2022 22:00

I had this same situation. I phoned them but they wanted to send an email asking for a review which I did and the amount went up. My review is in March so see if you can see when your review date is due and do it then. They normally won't look at it outside of the review time.

stitchmaker85 · 24/01/2022 22:01

@MondeoFan

I had this same situation. I phoned them but they wanted to send an email asking for a review which I did and the amount went up. My review is in March so see if you can see when your review date is due and do it then. They normally won't look at it outside of the review time.
It's never been reviewed in 6 years, as I've never been through CMS, just private arrangement based on court order when we split
OP posts:
stitchmaker85 · 24/01/2022 22:03

@boringaccountant

CMS do a review every 12 months. And yes, 12 months after a court order either party can then go to the CMS for maintenance.
Thankyou, I've messaged him to ask if it can be reviewed. As I said though, he's very unlikely to tell me outright what he earns so I suspect I'll have to contact CMS for their input.
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AnneLovesGilbert · 24/01/2022 22:19

Go to the CMS. You’ve got nothing to lose.

MarvellousMrsMaisel · 24/01/2022 22:31

I imagine it is unusual to agree a financial settlement with child maintenance below the CMS amount but I could be wrong. Like other posters have said, child maintenance in a divorce settlement can be reviewed after 12 months and applied for through CMS.

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