Re:Do I have an order or not?

All,

over a month ago we had an FDR (first hearing rolled up), during which we negotiated an agreement. This was verbally discussed with the judge at the end and he said he was happy with the terms.

The key points of the agreement is a payment of a lump sum by her for my interest in the FMH, and for me to pay maintenance until the kids are 18 with a total bar on extensions.

My understanding at that point was that we had a fixed agreement and that this was in effect backed by the judges ruling.

Since that point my ex has taken 3+ weeks to respond to the draft written order - recieved it last night. Its got a number of minor additional points in that don't bother me but she has added in two major provisions that were not discussed at the hearing (and which I'd have rejected at the time).

I am more than a little annoyed as I negotiated to the absolute limit of what I'd accept without going to a final hearing.

Specifically:
a) she is trying to automatically index link (RPI) all maintenance payments. (this clearly has a big implication over a 10-15 year period)

b) she is asking for me to provide annual proof of income. (presumably so that she can seek further increases should my income rise in the future)

I was under the impression that orders of this nature didn't normally include any kind of automatic increases, and certainly a key point for me of the agreement was to get some certainty about future finances (and therefore dont' want to have an annual argument about my income statement - plus that feels like a major loss of privacy).

So my questions are:
a) am I wrong and are these sorts of provision common (my solicitor doesn't appear to think so but I'd appreciate a second opinion).

b) regardless of point (a) - do I actually have a court order or not at this point? I.e. can she try to ammend the agreement we had at the FDR (and which was approved) in a significant manner like this?


many thanks in advance.

As maintenance for children is often calculated as a % of income proof of income may not be an unreasonable request.
Cost of living will increase over 10-15 years so index linking it doesn't seem unreasonable to me either.
Sorry, I know this wasn't the response you wanted.

to be honest I dont think this is necissarily a question of "reasonable" - the agreement itself is pretty generous in her direction to start with.

In any case, if index linking was something that was required then I feel it should have been raised at the FDR, as this would have then be factored into the starting value and capital split.

Its more a question of is it common and what happens when someone tries to add something substantial in after an FDR has been verbally approved b a judge?

PS: what I'm really looking for is someone who has experiance of what can / can't be added/ammended during this limbo between agreed settlement (with a judge) at FDR and signed consent order.

Just to be clear if you have an agreement the judge hasn't made a ruling because there are no decided merits of law. From your de­script­ion it sounds as though you have an unperfected consent order and it is possible to return to court and ask the judge to make an order "Not By Consent" to uphold the terms agreed. It is then up to your spouse (or a solicitor on their behalf) to show good cause why the terms agreed shouldn't be turned into a perfected order.

Maintenance can be paid at a fixed rate, as a percentage or increase with inflation. A percentage is best avoided because it would take reams of conditions to define income and how it is to be verified in a way to minimise problems in the future. There is no bar on applying for a variation to the amount of spouse maintenance and an inflationary increase means there should be no need to provide evidence of your income yearly and there is less likelihood of expensive court proceedings in the future.

As far as child maintenance is concerned the CSA usually has jurisdiction. It is possible to have a child maintenance agreement included in a consent order but after one year either parent can apply to the CSA for an assessment and a consent order in respect of child maintenance ceases to have any effect. The exceptions to this are when there are step children, one parent lives abroad or there are "top up" payments such as expenses relating to a child's disability, the non resident parent's income exceeds the CSA capped amount or school fees. If after one year the CSA receives an application you would need to provide them with evidence of your income.

Fiona - thank you for the response, this helps a lot.