Review of Child Maintenance

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Hi All

I've been divorced for four years, apart from my ex for five. Our divorce consent order specified a maintenance amount for our children which has been paid the whole time with no problems.

The consent order also specified that the amount should be subject to annual review for inflation and pay rises. I've never bothered with that but now, five years on, I think the amount should be reviewed.

The thing is, I have no idea how much he earns now and am not sure if he will tell me! Do I have the right to see a recent payslip?

I don't want to cause a massive fuss but, at the same time, I'd like the payments to be increased (if his pay has gone up).

Thanks
M

Comments

  • arbrighton
    arbrighton Posts: 2,011 Forumite
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    Well, I guess start by asking to chat about it, if he's not willing, get sols involved and refer to consent order and if all else fails, the CMS? (or whatever they're called, I'll fully admit this is a gut feeling response with no experience of divorce, children etc)
  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
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    Have you considered the fact his wage might have gone down? would you accept a lesser payment if it has?

    Its possible he doesn't earn as much as he did but is thinking he will leave the payment as it is for ease and he wants to do right by his children.

    If you do pursue this you are going to have to adjust it whatever the outcome (could be up or down)
  • kenspo
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    ease ......
  • mum2one
    mum2one Posts: 16,279 Forumite
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    The options are accept what your getting ... pay rises don't seem to be that much of a right now, compared to 10/20 yrs ago.

    If your really not happy, have a look at the cams ( child maintance services) and see what they say ur entitled to, for 2 children I think 20% of income, if he had the children over ngt, this gets reduced by 1/7 for each ngt,

    As for setting up, it could take 6+ weeks to go through,,,, would ur ex still pay during that time.

    I'm not being rude, but sometimes it's not worth rocking the boat x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • kt1inamillion
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    I'd say if he is paying like others have said DON'T ROCK THE BOAT. If you are struggling can you talk to him and maybe help out extra with things like new clothes and uniform now and again??? Like you said YOU would like it to go up but are you prepared for if it gets reduced. He may not want to tell you how much he earns not because he is earning loads more but actually hardly anything and may be embrassed...did you think of that? How much you earn can be a sensitive subject for people (I know it is for me).

    I have to go through CMS and it is a right royal pain in the you know where...They can't even get the childrens dad to pay £6.72 a week and at the moment is nearly £1500 in arrears. Beleive me we've done the attachment of earns (when working) and deductions from benefits (when not) however he seems to play the system.

    My point after my rant (sorry about that!) is sometimes you need to look at things in perspective. There will always be people better and worse off than you however is what you are getting now doing what it needs to I.E. helping support the child/ren?
  • mum2one
    mum2one Posts: 16,279 Forumite
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    I'd say if he is paying like others have said DON'T ROCK THE BOAT. If you are struggling can you talk to him and maybe help out extra with things like new clothes and uniform now and again??? Like you said YOU would like it to go up but are you prepared for if it gets reduced. He may not want to tell you how much he earns not because he is earning loads more but actually hardly anything and may be embrassed...did you think of that? How much you earn can be a sensitive subject for people (I know it is for me).

    I have to go through CMS and it is a right royal pain in the you know where...They can't even get the childrens dad to pay £6.72 a week and at the moment is nearly £1500 in arrears. Beleive me we've done the attachment of earns (when working) and deductions from benefits (when not) however he seems to play the system.

    My point after my rant (sorry about that!) is sometimes you need to look at things in perspective. There will always be people better and worse off than you however is what you are getting now doing what it needs to I.E. helping support the child/ren?

    Just wondering if we have the same ex......

    Xx
    xx rip dad... we had our ups and downs but we’re always be family xx
  • kt1inamillion
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    mum2one wrote: »
    Just wondering if we have the same ex......

    Xx

    Yours IS paying so we definitely don't have the same one...lol
  • Rachel83
    Rachel83 Posts: 335 Forumite
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    I'd follow the other views with are you willing to settle for a lower amount of his wages have reduced?
    Plus don't forget the maintenance service is no longer a free one and amounts will be payable if you use them to collect money for you.
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