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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Maintenance payments linked to inflation/RPI?

8 replies

intlmanofmystery · 08/04/2015 15:15

Trying to agree final wording on the Consent Order after years of angst and this gets thrown in at the last minute by STBXW solicitor. Just wondering whether this is typical or just another cynical attempt to extract more money?

As background exW has a good income of her own and I have already agreed a generous spousal element and even more generous capital split. If this is standard then I will back off but steam currently coming out of my ears (again)...

OP posts:
pocketsaviour · 08/04/2015 15:19

Yes it is a fairly standard provision.

cozietoesie · 08/04/2015 15:31

An element of inflation proofing is pretty standard - although you could always try for the CPI rather than the RPI.

intlmanofmystery · 08/04/2015 16:11

Thanks. Its not a big deal now with interest rates/inflation so low but could get expensive if things shoot up. If we go into recession (ie negative inflation) can payments be reduced accordingly?

Interestingly the last judge we saw said that he would not impose such a link as exW had good income and the opportunity to increase it however anecdotal "evidence" is always useful.

OP posts:
pocketsaviour · 08/04/2015 16:22

If we go into recession (ie negative inflation) can payments be reduced accordingly?

I have never heard of this unless it was somehow tied in to an index-linked pension. RPI index rarely falls below zero anyway, and never for long. (Unless there's major economic disruption such as caused by a civil war, at which point your maintenance payment is probably the least of your worries.)

HerRoyalNotness · 08/04/2015 16:24

We use the RPI in our private arrangement. I always thought that it was supposed to go up by the NRP payrises though? So you get a 5% payrise, the maintenance increases by 15/20% of the 5% payrise iyswim?

It's most likely in the favour of the NRP to use the RPI

cozietoesie · 08/04/2015 16:39

I was just being naughty. Blame the quarter of the moon.

If you've had years of angst, I'd just settle it and move on rather than continue to quibble over what is likely to be a fairly small differential. (I'm assuming the main elements (pensions, property, child support etc etc) have all been agreed along with any agreed alteration of provision in the event of changes in her life such as a remarriage.)

intlmanofmystery · 08/04/2015 16:53

Cozie, your naughtiness caught my eye! But I like it. Yes everything else financially pretty much sorted (pensions, capital split, child maintenance, school fees) plus other provisions (life changes, section 28 bar etc). Access/contact with the children still to be agreed. It's the fact that after all this pain and uncertainty, something else gets thrown in the mix at the last minute with the expectation that I'll just roll over (again). That's what pisses me off... There is also an awful lot of history here that I won't bore you with which makes me somewhat sensitive to any new demand. Thanks for your comments though, you're probably right.

OP posts:
cozietoesie · 08/04/2015 17:13

Oh it's a PITA (sometimes) paying out but until you have an agreed formula you'll be mired in uncertainty and bitterness and apart from anything else, that can't be good for the children. Unless a demand is truly unfair and you and your solicitor are unable to swallow it - I'd swallow it. It will benefit you in the longer run.

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