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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Could you please explain the effect of the following clause

Customer Question

Could you please explain the effect of the following clause written into a variation order for spousal maintenance. The £720 referred to is the total of CSA payment but spousal maintenance. Many thanks:

Provided that if the Child Support Agency make an assessment for child support against the Respondent in respect of the children of the family, or any of them, then the sum of £720 shall be reduced by the amount of such assessment for that month.
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question. I need a bit of clarification first of all -

1) Please could you confirm that when you state "The £720 referred to is the total of CSA payment but spousal maintenance" - you actually meant to type:-

"The £720 referred to is the total of CSA payment AND spousal maintenance."

2) if possible, please could you type out the full clause referring to spousal maintenance and child support. Thanks!



Customer: replied 3 years ago.

Apologies - it is the total of the CSA payment and spousal maintenance.


 


This is the final paragraph in an order which is attempting to vary an order made in January 2013. The following is from the variation order:


 



  1. "Paragraph 2 of the Order dated 10th January 2013 do stand varied so that as from 1stMarch 2014 the Applicant husband do pay or cause to the paid to the Respondent wife periodical payments at the rate of £720 per calendar month payable monthly in advance until either the Respondent:-

    1. remarries or

    2. the youngest child of the family reaches the age of 18 years or ceases full time secondary education (whichever shall be the later)

    3. or further order of the Court,



whichever shall be the sooner whereupon the Respondent’s claims for financial provision shall stand dismissed and she shall not be entitled to make any further application in relation to her marriage under the Matrimonial Causes Act 1973 section 23 (1)(a) or (b), nor on the death of the Applicant to apply for orders against his estate.


 


Provided that if the Child Support Agency make an assessment for child support against the Respondent in respect of the children of the family, or any of them, then the sum of £720 shall be reduced by the amount of such assessment for that month. "


 


Most of it I can work out, but I really do not understand that final paragraph


 


 

Expert:  UKfamsol replied 3 years ago.
Ok thanks!

The paragraphs you've given me mean that the husband must pay £720 per month from 1st March 2014 - but that if the CSA assess him as having to pay any child support, then the sum of £720 per month in the order is reduced by the amount of child support that the CSA say he must pay - in other words, the total amount that the husband must pay per month will always be £720 - regardless of whether the wife applies to the CSA, so he will pay £720 per month IN TOTAL inclusive of child support, if any.

So for example, suppose the CSA say he has to pay £200 per month in child support. In that case, the order states that the husband is allowed to reduce the periodical payment by £200 per month to £520 per month. So he then pays £520 per month as per the court order, and £200 per month as per the CSA - which still totals £720 per month.

Does that help? I hope so!

Thanks and best wishes...
UKfamsol and other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 3 years ago.
Thanks so much for your positive rating, prompt payment AND bonus - much appreciated!