My ex and I have just moved to 50:50 custody. Early this year we settled finances and I agreed to paying her global maintenance until the youngest kid is 18. We were already in Court about 50:50 custody when I signed the order so that was always on the cards. Do I have a chance to vary the maintenance if I take this to Court? I am planning to pay less this month because 50:50 does not oblige me to pay. But not sure how this works with global maintenance. Any ideas?
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Global Maintenance and 50:50
- Thread starter Nico1990
- Start date
As far as I understand with global maintenance, it has to be paid. I think it incorporates both Child Maintenance and spousal maintenance and is a set amount regardless of how much is for each (I think). It's very difficult to get it varied I believe. Eg if CM goes down, SM goes up and it's still the same amount. It's separate from the Child Maintenance system. If you don't pay she could enforce it. Or possibly decide to withold the children.
Is your 50/50 child arrangements actually in a child arrangements order, or just an agreement as part of the divorce/financial order?
Is your 50/50 child arrangements actually in a child arrangements order, or just an agreement as part of the divorce/financial order?
Oh dear, global maintenance. If there's no child maintenance then it still has to be paid, all as spousal maintenance. These orders are a disgrace because they make it very difficult for the paying parent to take on more childcare responsibilities because they cannot simply pay less if their income drops.
Make sure you do pay it all as spousal maintenance as it should wipe out any benefit claims by your ex (i.e. make it worthless to her). However, I doubt you'll have much luck with a variation in the short term because you only just told a court that you accepted that she needs this income and that you can afford to pay it.
Anyone else reading. Never, never, never agree to global or spousal maintenance. Ever. Fight it all the way to a final hearing and make it clear to the court that the potential recipient is just being lazy and you would begrudge paying it. Worst case scenario is normally 5 year term maintenance and even that is rare nowadays.
Make sure you do pay it all as spousal maintenance as it should wipe out any benefit claims by your ex (i.e. make it worthless to her). However, I doubt you'll have much luck with a variation in the short term because you only just told a court that you accepted that she needs this income and that you can afford to pay it.
Anyone else reading. Never, never, never agree to global or spousal maintenance. Ever. Fight it all the way to a final hearing and make it clear to the court that the potential recipient is just being lazy and you would begrudge paying it. Worst case scenario is normally 5 year term maintenance and even that is rare nowadays.