[Solved] Divorce Settlement & Maintenance

Hi There,
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It doesn't I'm afriad, even if you get a court to agree to this then after 12 months she could still go through CMS and make a claim, a court ruling on child maintenance will only stand for 12 months.
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You would be better off working out a percentage of the property to draw equity from either at this point or when the children have all reached teh age of 18.
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GTTS

It is also worth noting that even if you decide to walk away from the home and leave all of the equity in it, when the divorce goes before the judge, the judge has the authority to decide that it isn't fair, and can actually go against your agreement to leave the whole house to your ex.
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It isn't common for this to happen, but the fact that you have no mortgage and own the house out right, the judge may decide that you should have some of the equity in the divorce.
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GTTS

Many thanks for your replies.

So, if I am understanding correctly, even if my solicitor states in the divorce papers that I am leaving the house to my wife on the condition that I am not pursued for maintenance, she could still pursue me for maintenance in the future?

Is this correct?

If that is the case, as you stated above, I would be better off chasing my half of equity in the house.

Regards

Hi There,
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YES, that is 100% correct the court that rule in the divorce can make an order for child maintenance, but the court rulling only last for 12 months after that point either party can contact CMS and ask them to take over the payments, so you wouldn't be safe from paying and effectively could lose your share in the property in the proccess.
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You would be better off working out with your ex a share of the properties equity and setting up CMS yourself so that you know you are covered from the outset.
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GTTS

Hello Twincharge

Just to confirm the information provided by got-the-t-shirt, if you set up a Consent Order through the courts, this is only set for 12 months after which point a statutory arrangement could be applied for via the Child Maintenance Service or the order itself can be amended. Therefore, you would have no guarantee that your wife would be unable to request maintenance payments from you in the future.

If you would like some information about the different options available to set up maintenance arrangements and to receive a more personalised service, you can contact Child Maintenance Options directly, http://www.cmoptions.org.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William