We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Index linked child maintenance

Swannette
Posts: 21 Forumite
Hi,
My ex-husband pays me £500 per month maintenance for our two sons. The amount was index linked by the court and was set to be increased on 1st June each year. Every year I have a battle with my ex to receive the extra money, it has increased each year and is now at £588.65 per month. I have to badger him for months to get him to get his accountant to work out what the increased figure is each year.
He is now insisting that this year it won't go up at all because "last years inflation was down by 1.7%" . Can anyone tell me if this is true? I haven't a clue how to work out if the childrens maintenance should go up or not. I was made redundant in January and have been searching for work since then, I just can't afford to pay a Solicitor or accountant to help me.
I would be so grateful for any comments or advice anyone is kind enough to offer.
Many thanks, Swannette
My ex-husband pays me £500 per month maintenance for our two sons. The amount was index linked by the court and was set to be increased on 1st June each year. Every year I have a battle with my ex to receive the extra money, it has increased each year and is now at £588.65 per month. I have to badger him for months to get him to get his accountant to work out what the increased figure is each year.
He is now insisting that this year it won't go up at all because "last years inflation was down by 1.7%" . Can anyone tell me if this is true? I haven't a clue how to work out if the childrens maintenance should go up or not. I was made redundant in January and have been searching for work since then, I just can't afford to pay a Solicitor or accountant to help me.
I would be so grateful for any comments or advice anyone is kind enough to offer.
Many thanks, Swannette
0
Comments
-
Hi,
My ex-husband pays me £500 per month maintenance for our two sons. The amount was index linked by the court and was set to be increased on 1st June each year. Every year I have a battle with my ex to receive the extra money, it has increased each year and is now at £588.65 per month. I have to badger him for months to get him to get his accountant to work out what the increased figure is each year.
He is now insisting that this year it won't go up at all because "last years inflation was down by 1.7%" . Can anyone tell me if this is true? I haven't a clue how to work out if the childrens maintenance should go up or not. I was made redundant in January and have been searching for work since then, I just can't afford to pay a Solicitor or accountant to help me.
I would be so grateful for any comments or advice anyone is kind enough to offer.
Many thanks, Swannette
Retail price index fell between June this year and last by
http://www.devon.gov.uk/index/democracycommunities/improving_our_services/facts_figures_and_statistics/facts_and_figures/economy/economyrpi.htm?nocache=9766
100*(216.8-213.4)/216.8 = 1.476%
so adjusting for RPI new amount = 588.65 *(213.4/216.8) = £579.42
CPI (Consumer Price Index) was however up slightly 1.8%
http://www3.hants.gov.uk/finance/retailpricesindexandconsumerpriceindex.htm
(it also depends on date in May/June taken):
which would make it a new amount = 588.65*1.018 = £599.25
It depends what inflation measure you take and which is in your court order....
Student loans currently have a negative interest rate because of the negative inflation:
http://www.moneysavingexpert.com/loans/student-loans-repay0 -
Hi,
My ex-husband pays me £500 per month maintenance for our two sons. The amount was index linked by the court and was set to be increased on 1st June each year.
He is now insisting that this year it won't go up at all because "last years inflation was down by 1.7%" . Can anyone tell me if this is true? Many thanks, Swannette
Not sure what the June rates were, but July's was CPI +1.8%, but RPI
was -1.4%.
So if it is based on RPI he would be within his rights not to offer any increase, sorry.0 -
Hi,
My ex-husband pays me £500 per month maintenance for our two sons. The amount was index linked by the court and was set to be increased on 1st June each year. Every year I have a battle with my ex to receive the extra money, it has increased each year and is now at £588.65 per month. I have to badger him for months to get him to get his accountant to work out what the increased figure is each year.
He is now insisting that this year it won't go up at all because "last years inflation was down by 1.7%" . Can anyone tell me if this is true? I haven't a clue how to work out if the childrens maintenance should go up or not. I was made redundant in January and have been searching for work since then, I just can't afford to pay a Solicitor or accountant to help me.
I would be so grateful for any comments or advice anyone is kind enough to offer.
Many thanks, Swannette0 -
barnaby-bear wrote: »IF you give us an idea when the order started we can check if the battle for the extra previously was approximately right....
Hi Barnaby-bear, Thank you so much for your kind help, I will unearth the court papers tomorrow and get back to you with the details. I can't tell you how much I appreciate your help.
Swannette0 -
barnaby-bear wrote: »IF you give us an idea when the order started we can check if the battle for the extra previously was approximately right....
Good Morning Barnaby-bear, I have the court order and it was dated 21st November 2003. I have two sons (who are now 11 and 13) and paragraph 4 of the order says that my ex-husband must pay £250 per child per month payable on the first day of each month from the date of the order until they reach 18 years of age or finish further education.
There then follows a section which reads 'The periodical payments payable under paragraph 4. above shall in the event that there shall be any increase in the Retail Prices Index over the twelve month period ending April in any year from and including 2004, be increased by the percentage of such increase with effect from the payments payable on the 1st day of June in each such year.'
I would really appreciate any help you could give me as to whether the maintenance he is paying is correct.
I am really angry with myself as the original maintenance was set at £325 per month per child, but my ex came to me and said that he felt that this was too much for a 4 and 6 year old. So like a fool I agreed to the lower figure of £250 each child because he promised me that he would never see our boys go without anything and all I had to do was ask him and he would give me more.
We ran a very successful business at the time and I just couldn't see him ever turning nasty..... once I had signed the agreement and the court order was stamped, I then found out that the person he was having an affair with (thats why I was divorcing him) was a supplier to our business and between them they bullied me out of the company and now I am left high and dry with virtually nothing and 13 years hard work down the drain. I did find a part time job that fitted in around my boys but I was laid off in January due to lack of business.
I just feel like I've been used and my children are suffering because of it. Any increase on their maintenance no matter how small would be a help.
Sorry if I've gone into too much detail, but I thought that as you had been kind enough to offer your knowledge in this area and help with the calculations, that I would just let you know a bit of the background so you can see why I am in such desperate situation.
Regards, Swannette0 -
Based on what you have stated ie RPI to be used to calculate changes to the amount, then what I stated earlier is correct.but RPI was -1.4%.
So if it is based on RPI he would be within his rights not to offer any increase, sorry.
Barnaby-bear will be along later I'm sure to confirm if the RPI increases on payments to date have been correctly applied, though as far as I remember they ranged from 4% to 5% approx.0 -
Based on what you have stated ie RPI to be used to calculate changes to the amount, then what I stated earlier is correct.
In fact he would be entitled to seek a reduction of 1.4%.
Barnaby-bear will be along later I'm sure to confirm if the RPI increases on payments to date have been correctly applied, though as far as I remember they ranged from 4% to 5% approx.
It doesn't say anything in there about applying a decrease in the case of a RPI decrease.
:DYummy mummy, runner, baker and procrastinator0 -
got-it-spend-it wrote: »It doesn't say anything in there about applying a decrease in the case of a RPI decrease
.
Sorry you are quite correct, so I will repeat my earlier statement - "So if it is based on RPI he would be within his rights not to offer any increase,"
0 -
Of course there is nothing to stop the you (or indeed your ex) going back to court to reassess the order particularly as the kids are now 11 & 13 rather than 4 & 6.
As you are jobless I presume you will get legal aid
Also it might be worth looking at the possibility of getting the CSA involved0 -
Good Morning Barnaby-bear, I have the court order and it was dated 21st November 2003. I have two sons (who are now 11 and 13) and paragraph 4 of the order says that my ex-husband must pay £250 per child per month payable on the first day of each month from the date of the order until they reach 18 years of age or finish further education.
There then follows a section which reads 'The periodical payments payable under paragraph 4. above shall in the event that there shall be any increase in the Retail Prices Index over the twelve month period ending April in any year from and including 2004, be increased by the percentage of such increase with effect from the payments payable on the 1st day of June in each such year.'
I would really appreciate any help you could give me as to whether the maintenance he is paying is correct.
I am really angry with myself as the original maintenance was set at £325 per month per child, but my ex came to me and said that he felt that this was too much for a 4 and 6 year old. So like a fool I agreed to the lower figure of £250 each child because he promised me that he would never see our boys go without anything and all I had to do was ask him and he would give me more.
We ran a very successful business at the time and I just couldn't see him ever turning nasty..... once I had signed the agreement and the court order was stamped, I then found out that the person he was having an affair with (thats why I was divorcing him) was a supplier to our business and between them they bullied me out of the company and now I am left high and dry with virtually nothing and 13 years hard work down the drain. I did find a part time job that fitted in around my boys but I was laid off in January due to lack of business.
I just feel like I've been used and my children are suffering because of it. Any increase on their maintenance no matter how small would be a help.
Sorry if I've gone into too much detail, but I thought that as you had been kind enough to offer your knowledge in this area and help with the calculations, that I would just let you know a bit of the background so you can see why I am in such desperate situation.
Regards, Swannette
I'm no expert on child maintenance - I just understand RPI
I took the RPI figures from here http://www3.hants.gov.uk/finance/retailpricesindexandconsumerpriceindex.htm
There maybe another set on a particular date so we are talking approximate rather than penny for penny
April RPI (new amount)
2004 2.5 500*1.025 = 512.5
2005 3.2 512.5*1.032 = 528.9
2006 2.6 528.9*1.026 = 542.6514
2007 4.5 542.6514*1.045 = 567.070713
2008 4.2 567.070713*1.042 = 590.8876
2009 -1.2
(This is slightly different and the figures taken do match the RPI data here http://www.statistics.gov.uk/downloads/theme_economy/Rp04.pdf (which should be definitive )
I've added in all my working so anyone can spot mistakes and so the OP can get an idea of what and how she should be
getting. Each year she needs to multiple the existing amount by (100+(the RPI %)) all divided by 100 - so the first year (100+2.5)/100 = 1.025
I think she should understand what she is entitled to.
REassessing the court order maybe an option.
I think whoever worded the agreement though did it well as they stipulated it should change if RPI went up only.
If it had been worded as linked your ex could be cutting it now and the wording (to my uninformed reading) doesn't
seem to allow that.
These are really simple calculations - one multiplication based on one publically available figure so your ex
shouldn't be procrastinating for months (I hope you got it back dated). The figures and amounts do seem to tally.
As soon as april's RPI is released (if it's positive) send him a recorded delivery letter
Whether the RPI is a good index to use or appropriate for child maintenance may be an issue (this suggest so http://www.ondivorce.co.uk/childsm.htm)
but children get older.... there maybe grounds for reviewing the court order based on that but maybe the CSA boards or other specialist boards might have people who know, I'm afraid I don't.
http://www.statistics.gov.uk/CCI/nugget.asp?ID=21
NAR: thanks for the vote of reliability
Have you considered posting your budget on DFW/benefits to check you are claiming all appropriate - maybe mortgage interest if made0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245.1K Work, Benefits & Business
- 600.7K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards