Re:SM and CM

Hi

I divorced three years ago. A Consent Order was agreed where I would pay £500 per month towards Child Maintenance and a nominal Spousal Maintenance of £1.00 per year.

Since this time I have not had a wage increase for the last 2 years and am only due to receive a well below inflation wage increase over the next two years. This amounts to a wage reduction over the 4 years in net terms of 20%.

I have found meeting this commitments extremely difficult. My questions are as follows:

1. Am I right in saying that I can apply to the CSA for a review of my Child Maintenance ? I have calculated that I would pay nearly £200 per month less than what I do currently.

2. If I did the above, could she apply to the Court for a review of the Spousal Maintenance, given the net effect of my wages over the 4 years. If so, could I be opening a 'can of worms' and possibly making the situation worse for me in terms of what I would have to pay ?

Any advice would be greatly appreciated.

If a consent order is over a year old either party may usually apply to the CSA. The CSA then carry out an assessment, notify the courts so the consent order in relation to CM has no effect and 2 months after the CSA receive the application. You can checkout what your CM liability is likely to be under the CSA on a calculator at the CM Options website.

There are three other points you need to consider.

1) At the moment you are paying a flat rate and you may be paying more than CSA rates. Over time your pay is likely to increase but payments will remain the same. Unless your ex applies to the CSA in the long term you might be better off sticking to the amount in the consent order.

2) If reducing CM leaves your ex struggling there is a possibility she could apply to vary the nominal spouse maintenance. The chances of being successful are remote and depend on the discrepancy between your incomes.

3) The CSA will be implementing a new "gross income" scheme and it would be worth checking out what the amount of CM is likely to be in the future.

Thanks Fiona for taking the time to reply to my post.

In response to your reply, the amount I pay is over 20% of my net pay. This is 5% over and above the CSA amount. My wages are therefore some way off being in a position to catch up with paying the same under CSA as I do now.

She now has a partner resident with her too so I'm sure that would effect any variation on SM.

I'm just worried I could be worse off if I apply to the CSA, even though I have been paying too much in CM from the very start.

Could she for example say that I should pay the money I saved from paying under CSA to her as SM ?

You could inform your ex that from a certain date you will be reducing the CM to CSA rate and see what she says.

Unless your consent order states that if CM decreases then SM increase, your ex cant automatically request a top of sm.

To get the sm increased as Fiona says your ex would have to apply to court and prove that she has a need and that you are in the position financially to pay.