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is this too much?

  • stressfree
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12 May 08 #22212 by stressfree
Topic started by stressfree
Hi all,
Newbie here. Just to set scene we both work and have two children - tried collaborative process which after 10k each in fees left us no further forward so ex and i agreed to work it out privately and get the agreement ratified by the court

Agreed in principle to 48:52 asset split for Clean Break with maintenance of 20% net income + a cash sum (included in asset split also for maintenance whilst boys need childcare) and i pay the private school fees.

My question is, in light of the fact i will have them 10 days a month, presumably i should try and negotiate a proportionate reduction in the maintenance payments as i have the boys a third of the time! My XTB is not at all keen on this suggestion!

A secondary question is: I am concerned that my income may fall steeply in the next five years. The boys are 11 and 13.Do you think it unreasonable to ask that if my net income reduces by 10% or more, even 15% i can request that the maintenance is reduced accordingly assuming tnis seriously affects my ability to pay fees and maintenance. I believe this is the 'net effect test' of variation in maintenance and assuming it is worth it in light of the £7500 estimated court costs of a variation order.

Sorry to be longwinded
Stressfree(Not!)

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12 May 08 #22218 by Monitor441
Reply from Monitor441
SF

One way to over come this is to have written into the CO that it is 20% of your net income as per CSA guidelines with it reviewed every year when you submit your P60 and the amount you have contributed to your pension to your ex2b so she can see your earnings.

This way you will pay the going rate for your income (although it is 12 months in arrears) but it also means you will pay her more if your income goes up.

On the overnights at your house, tell her that these are CSA guidelines as set down by the government and she should follow this. In a worst case scenario, the boys could come and live with you full time and you would still have to pay her!

You are already paying more by paying 20% plus all the school fees.

I hope this helps

Mon

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12 May 08 #22248 by stressfree
Reply from stressfree
Reading some of the other posts elsewhere i am a bit confused does the court deal with CM or the CSA. I readin a post that the court does not deal with CM.Is this true??
Reading between the lines it seems i would be better dealing with CSA as court will burn a ton of money.
I want to maintain my children but the school fees seem to be ignored in these calculations and demanding 20% for 2/3 childcare doen't seem reasonable. I am threatened with court action if i dont comply 'because the judge would favour her'apparently. Is this true?
Any thoughts?
Stressfree no longer

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