Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi,
Has anyone on here successfully applied for a variation to take into account spousal maintenance?
I know you can get a variation for contact travelling costs, but what about spousal maintenance??
Thanks
No responses, so far so I guess not...?
I am thinking about raising a petition on the government website (when they reopen it) to cover the following:
1) adding spousal maintenance as a variation to income. So if you have a court order to pay your spouse £400 a month, this should be used as a variation when calculating child maintenance.
2) plus any variation (travel costs or the above) should be grossed up first and then deducted from gross income. At the moment, they do not gross up the variation, so if you claim £20 a week travel in a variation this total £1,040 a year from your net income, which depending on your tax bracket could work out at £1,792 gross (40% tax and 2% NIC). In the past, maintenance was calculated on net income, but this changed in 2012 I think, and it appears they did not think about grossing up variations.
It would be good to get opinions from others paying child maintenance, especially if you are paying spousal maintenance and or claiming a variation.
Thanks
Realistically, I don't think you'd get the numbers you need for a petition to succeed (though no harm in trying). It might be worth going to see your MP to see if you can get anywhere that way.
hi,
it seems you can go back to court for a variation on spousal, if theres been big changes in income.
There’s no default right to spousal so you’re best seeing a solicitor for an hour and seeing what they think
Your chances are . Depends a lot on the exes needs etc , peoples incomes and so on ...
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.