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Am I right in thinking that clean break order does not include child maintenance, which is still to paid in addition ?
And is there a rule of thumb for agreeing a clean break amount - I am working through outgoings with a view to a clean break, and want to be fair but realistic ?
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Am I right in thinking that clean break order does not include child maintenance, which is still to paid in addition ?
And is there a rule of thumb for agreeing a clean break amount - I am working through outgoings with a view to a clean break, and want to be fair but realistic ?
A clean break order just means that she can't make any future claims on your assets.
If circumstances changed, say you came into money or a bigger income, she could take it back to court, that also applies to you, if you lost your ability to, pay for example. After 12 months you could open a case with the CMS and that would override any maintenance agreement made in court, for instance if the amount you were paying via court order was more than the amount you would be expected to pay through the CMS. Here's a link to the CMS calculator
www.gov.uk/calculate-your-child-maintenance
I do remember a member making a huge payment as part of the financial settlement, to cover child maintenance long term, only for the mother to open a case with the CMS after 12 months, which he found he was liable to pay.
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